
Class _Ih 
Book. 



>SoS 



Copyright^ 



COPYRIGHT DEPOSIT. 



TO MY MOTHER 



THE GOVERNMENT OF 
DELAWARE 



BY 



GEORGE S. MESSERSMITH 

PRINCIPAL OF SCHOOLS, NEWARK, DELAWARE ; MEMBER 
OF DELAWARE HISTORICAL SOCIETY 




NEW YORK •:• CINCINNATI •:• CHICAGO 

AMERICAN BOOK COMPANY 






A' 



\V 



v 



LIBRARY of 00N8RES5 
Two Copies Recemul 

MAR 26 I ^08 

I Copyright entry 
0LAS8A XXc. No, 



Copyright, 1908, by 
GEORGE S. MESSERSMITH. 

Entered at Stationers' Hall, London. 



gov. of del. 
W. P. I 



PREFACE 

This book has been prepared to meet the needs of the 
classes in Civics in our Delaware schools, and of that large 
proportion of our citizens who desire an intimate knowl- 
edge of Delaware government. Ample provision has 
been made to secure the teaching of national government 
in the schools, and the books, newspapers, and magazines 
of the day bring the scheme of our central government to 
the people in general. It seems a paradox, and yet it is 
true, that as a rule a citizen knows more of the national 
government, with which he may never come in actual con- 
tact, than he does of his own State, county, and local 
government, with which he comes in contact almost daily. 

It is difficult to secure a correct and adequate concep- 
tion of our State government, as the data are hidden in 
many volumes of the law. My aim has been to present 
the entire scheme of government as exercised in this State : 
the legislative, executive, and judicial functions of the 
State, the county government, the government of incor- 
porated towns and cities, and the local government in the 
Representative district. 

Every effort has been made to secure accuracy and 
clearness. At the risk of repetition, I have discussed 
several important topics at more than one place, though 
in different aspects. I have endeavored to make my style 
and manner of presentation such that the pupils in the 
high schools and in the upper classes of our ungraded 

5 



6 PREFACE 

schools may use the book intelligently. If the mature 
reader finds lengthy explanations and a simple style, it is 
because I have endeavored to appeal primarily to the 
immature minds of pupils. Endeavor has been made to 
condense the subject-matter, but at no place have com- 
prehensiveness and clearness been sacrificed for brevity. 
I venture to make a few suggestions which may be 
helpful to some teachers. 

I. It will generally be found most productive of good 
results to teach Delaware government prior to United 
States government. The first half of the year may be 
devoted to State government and the latter half to national 
government. 

II. In the high schools and in classes of fairly mature 
students the whole book should be used for class work. 
In the ungraded schools the teacher must use discretion 
in determining on which parts to lay most stress. In un- 
graded schools it would be inadvisable to spend much time 
on the chapter on Wilmington City Government. 

III. In general the subject-matter should be taken up 
in the order in which it appears. This arrangement is 
logical and carries the pupil from the comparatively simple 
local government to the more complex State government. 

IV. The topics in a chapter on which stress is to be 
laid must be determined by the teacher. All useless 
matter has been kept out of the text, but it is evident that 
not all topics are of equal importance. The jurisdiction 
of the various courts in the chapter on the Delaware 
Courts can be stated more briefly by the teacher for 
younger students. 

V. The teacher can infuse much interest into the work 
by applying concretely to the local government the prin- 
ciples and facts stated in the text. The study of Civics 



PREFACE 7 

is without value if it does not enable the pupil accurately 
and clearly to comprehend the actual government of the 
district, town, county, and State. 

I wish to acknowledge my indebtedness to the many 
State, county, and local officers who answered my repeated 
inquiries with uniform courtesy. My thanks are due to 
Henry C. Conrad, Esq., David C. Rose, Esq., Chief Justice 
Charles B. Lore, Judge William H. Boyce, Judge James 
Pennewill, Dr. George W. Marshall, Dr. George A. 
Harter, Charles B. Evans, Esq., and to Superintendents 
J. E. Carroll and John D. Brooks, for valuable suggestions 
and for reading parts of the manuscript. To Hon. L. 
Irving Handy and to Superintendent A. R. Spaid I am 
especially indebted for their careful and intelligent criti- 
cism of the entire manuscript, and to Dr. W. Owen 
Sypherd for his aid in correcting the proofs. These gen- 
tlemen are not responsible for any errors the book may 
contain ; but without their aid, this book could not have 

been written. 

GEORGE S. MESSERSMITH. 
Newark, Delaware. 



CONTENTS 

CHAPTER PAGE 

I. Delaware Government Prior to 1897 ... 9 

LOCAL GOVERNMENT 
II. The Representative District as a Local Unit 

of Government 18 

III. The Government of Incorporated Towns . . 26 

IV. Wilmington City Government 33 

COUNTY GOVERNMENT 

V. County Government 55 

STATE GOVERNMENT 

VI. The Preamble and Bill of Rights yy 

VII. The House of Representatives .... 91 

VIII. The Senate 104 

IX. How a Bill becomes a Law 112 

X. Powers and Limitations of the General Assembly 125 

XI. The Governor and Lieutenant Governor . .136 

XII. Other Executive Officers of the State . . 149 

XIII. The Delaware Courts 171 

XIV. Impeachment and Treason 190 

XV. The Choosing of Elective Officers . . -194 

XVI. Revenue and Taxation 206 

XVII. Public Education in Delaware . . . .212 
APPENDIX : Constitution of State of Delaware, List of 

Governors, etc 231 

INDEX and Definitions ....,,. 286 

8 



THE GOVERNMENT OF 
DELAWARE 

CHAPTER I 
DELAWARE GOVERNMENT PRIOR TO 1897 

The Aborigines. — At the time when colonies were being 
formed in the New World, that part of the continent of 
North America which is now included within the limits of 
Delaware was inhabited by roving tribes of Indians. The 
Delaware or Lenape Indians were in the upper part of 
New Castle county, and had one of their important coun- 
cil houses near the present site of Wilmington. Sev- 
eral tribes of the Minquas also frequented the upper part 
of the State. The greater part of the peninsula was held 
by the Nanticoke Indians. The Accomac Indians occu- 
pied the lower part of the peninsula. 

The Indians on this peninsula were fishing Indians, in 
marked contrast with the Indians in other parts of the 
East, who were hunting Indians. As such they were not 
so fierce as the hunting Indians. They had also been 
conquered by the Five Nations, and made " squaws " ; 
that is, they were forbidden to make war. 

The Swedish and Quaker settlers in Delaware were 
fortunate in settling among peaceable Indians ; the early 
history of our State is therefore remarkably free from the 

9 



10 INTRODUCTORY 

stories of strife and massacre which form so large a part 
of the early history of some of the other colonies. 

Settlement of Delaware. — In 163 1 an expedition was 
sent out from Holland under the control of David Pieter- 
sen de Vries of Hoorn, an experienced Dutch sailor and 
soldier. The expedition consisted of one ship of war, the 
Walvis, or Whale, a ship of eighteen guns, and a smaller 
vessel which carried the settlers and the implements neces- 
sary to begin a settlement. It seems likely that De Vries 
did not accompany this expedition himself, but gave it into 
the care of Peter Heyes. They came up Delaware Bay 
and sailed up to a small stream which they called the 
Hoornekill, after the town of Hoorn, the home of the 
patron of the expedition, De Vries. On this stream a set- 
tlement was made in 163 1 near what is now Lewes, and 
was named Zwaanendael, or " Valley of Swans," because 
the colonists found many wild fowl along the creek. The 
same year Captain Heyes left for Holland, and in his 
absence the settlers treated the Indians with unusual 
harshness ; in return the Indians killed or carried away 
all the settlers and burned the fort and the homes which 
had been erected. Thus was wiped out the first settlement 
in Delaware. De Vries visited the place in 1632, but found 
nothing but the bones of the settlers and their cattle, and 
the blackened and charred ruins of the fort and the houses. 
Discouraged, he returned to Holland. 

William Usselincx, as early as 1590, had proposed the 
formation of a Dutch West India Company, and in 1624 he 
petitioned Gustavus Adolphus, King of Sweden, to form a 
company, saying that it would spread the Protestant faith 
for which he was fighting and would bring money into the 
royal treasury. Gustavus Adolphus readily organized such 
a company, but his time was then taken up by his wars 



DELAWARE GOVERNMENT PRIOR TO 1897 II 

with Germany and the Poles, and he could not " give laws 
to two worlds at once." The affairs of the company did 
not prosper. After Gustavus Adolphus was killed at the 
battle of Liitzen in 1632, Oxenstiern persuaded Queen 
Christina, who succeeded Adolphus, to revive the com- 
pany. The Queen took an interest in the plan, and Peter 
Menewe, or Minuit, as he is better known, was called to 
make plans for settling the New World. Peter Minuit 
had been Governor of the Dutch colony of New Amster- 
dam, but not being well liked, and being dissatisfied with 
his treatment by the Dutch, he returned to Europe. Min- 
uit was very glad to aid the Swedes in their enterprise, for 
he felt that he could in a measure secure revenge ; then, 
too, he was truly interested in the new lands of America. 

By 1637 an expedition was fitted out, chiefly under the 
direction of Minuit. Two ships, the Key of Kalmar and 
the Bird Griffin, carried the settlers and their goods. 
Early in 1638 the ships arrived in Delaware bay, and the 
first landing, by a strange chance, was made near Lewes, 
only a few miles away from the unfortunate settlement 
founded by De Vries. After resting here on land for a 
few days, the new settlers went on board their ships again 
and sailed up the bay about eighty miles. They then 
sailed a short distance up a creek which they called the 
Christina, after the Queen of Sweden. Here they built a 
fort which they named Fort Christina, and then started 
the first town in Delaware, called Christianaham or Chris- 
tina harbor. Minuit bought the land from the Minquas 
Indians and named the country New Sweden. 

As soon as the Dutch at New Amsterdam heard of the 
new colony, Governor Kieft protested and sent word to 
Minuit to leave. Minuit did not heed this request, but 
instead set out for Sweden to bring more colonists and 



12 INTRODUCTORY 

supplies. On his voyage back he left his own ship, the 
Key of Kalmar, to visit a friend on The Flying Deer. In 
a storm this ship went down. The colony being thus de- 
prived of Minuit's services, Peter Hollender was chosen 
to succeed him ; he in turn was succeeded by John 
Printz. Printz brought many new colonists with him, 
among them the celebrated Campanius, who did much for 
religion in New Sweden and whose journal or diary is the 
source of much information as to the early history of the 
colony. Governor Printz was in constant conflict with 
the Dutch, who had a fort on the other side of the Dela- 
ware and who in 1654 crossed and built Fort Casimir 
near what is now New Castle. In order to secure aid to 
drive out the Dutch, Printz went back to Sweden, and 
while he was gone John. Pappegoya acted as Governor. 
John Claude Rysing was then appointed Governor, and on 
his arrival at New Sweden in 1654 he sent Sven Schute to 
take Fort Casimir. The Dutch were unprepared, and 
Schute was successful. When Peter Stuyvesant, the new 
Dutch Governor at New Amsterdam, heard of this capture 
he set out with a force of about seven hundred men and 
retook Fort Casimir without firing. a gun (1654). Then he 
marched against Fort Christina and compelled Governor 
Rysing to surrender. The Swedes who swore allegiance 
to the Dutch government were left in possession of their 
lands ; the rest were taken to New Amsterdam. Thus 
New Sweden was no more. 

The Dutch ruled the colony until 1664, when Charles 
the Second of England granted all the lands between the 
Connecticut river on the north and Delaware bay on the 
south to James, Duke of York. The Duke of York at 
once sent a fleet to America to take possession of New 
Amsterdam, which he renamed New York, and on Sep- 



DELAWARE GOVERNMENT PRIOR TO 1897 13 

tember 30, 1664, the Dutch settlements on the Delaware 
were surrendered to the English. Thus ended the Dutch 
rule on the Delaware. The colony was now governed from 
New York. 

In 1 68 1, Charles the Second granted to William Penn, 
an English Quaker, as payment for a debt, a large tract 
of land in America. This tract the King called Pennsyl- 
vania. By another grant from the Duke of York, Penn 
was given part of the land now included in the State of 
Delaware. On October 27, 1682, Penn himself landed at 
New Castle and formally took possession of New Castle 
county, and shortly after of the two lower counties. The 
name Whorekill county was changed to Sussex county, 
and St. Jones county was changed to Kent county. The 
three counties were known as " The Three Lower Counties 
on the Delaware." They were governed together with 
Pennsylvania under Penn's plan of government, the " Great 
Law." Each county was represented in the two houses 
of the Assembly provided for in Penn's " Great Law," 
and they had one Governor in common with Pennsylvania, 
appointed by Penn. 

" The Three Lower Counties on the Delaware " pros- 
pered, but they had constant trouble with the other counties 
of the province of Pennsylvania. In 1704, therefore, the 
members of the Assembly from the three lower counties 
seceded and formed an Assembly of their own, holding 
their meetings at New Castle. Penn reluctantly agreed 
to this plan. Thus from 1704 to 1776, when Delaware 
became a separate State, the three lower counties had a 
separate Assembly, but they had the same Governor as the 
rest of the province of Pennsylvania and remained in name 
a part of that province. Such was the government up to 
the stormy days of 1776. 



14 INTRODUCTORY 

The First Constitution ; Delaware as a Separate State. — 

On May 15, 1776, the Continental Congress at Philadel- 
phia passed a resolution favoring the formation of a sepa- 
rate government in each colony. The Assembly of " The 
Three Lower Counties," in accordance with this resolution, 
authorized an election for members of a convention which 
was to form a constitution. This convention met at New 
Castle, August 27, 1776, and completed its work by 
September 21 of that year. 

The constitution declared " The Three Lower Counties " 
a separate State, now to be known as " The Delaware 
State." The highest officer was the " President or Chief 
Magistrate," who was chosen by joint ballot of both 
branches of the Assembly for a term of three years. He 
was aided by a Privy Council composed of four members, 
two of whom were chosen by each branch of the General 
Assembly. 

The lawmaking power was granted to a General Assem- 
bly, composed of two houses. The lower house was called 
the House of Assembly, and was composed of seven mem- 
bers from each county, chosen by the freeholders for one 
year. The upper house was called the Council and was 
composed of three members from each county, chosen by 
the freeholders for a term of three years. 

The constitution contained thirty articles. The twenty- 
sixth is worthy of special note : 

Art. 26. " No person hereafter imported into this State 
from Africa ought to be held in slavery on any pretense 
whatever, and no negro, Indian, or mulatto slave ought to 
be brought into this State for sale from any part of the 
world." 

This constitution was much criticised, but Delaware was 
governed under it during the Revolution and up to 1792. 



DELAWARE GOVERNMENT PRIOR TO 1897 15 

Delaware took an active part in the War of the American 
Revolution. Although there were many Tories in some 
parts of the State, the people on the whole were devoted 
patriots and suffered and fought for their rights ; consider- 
ing the size of the State, Delaware furnished a large number 
of soldiers for the patriot armies. Some of her soldiers 
and statesmen rendered great service to the cause of liberty. 
The Delaware members of the Constitutional Convention 
which met in Philadelphia in 1787 to form a government 
for the now independent colonies, took a prominent part in 
framing the Constitution of the United States. Delaware 
was the first State to ratify this Constitution, doing so on 
December 7, 1787, thus aiding very much the speedy rati- 
fication by other States. 

Constitution of 1792. — The General Assembly on Sep- 
tember 8, 1 791, passed a resolution calling a constitutional 
convention to form a new State constitution. The con- 
vention met in Dover, November 29, 1791, and completed 
the new constitution on June 12, 1792. 

The new constitution provided for a chief executive who 
was called the Governor. He was chosen by the people 
for a term of three years. He had much larger powers 
than the " President " under the constitution of 1776. The 
new constitution did not provide for a Privy Council. 

The lawmaking power was granted to a Senate and a 
House of Representatives. The Senate had nine mem- 
bers, three from each county, and the House of Repre- 
sentatives twenty-one members, seven from each county. 

The new constitution contained more detailed provisions 
for the establishing of courts. This constitution was in 
effect until 183 r. 

During the War of 18 12 Delaware did her duty to the 
Union. The whole State was aroused by the outrages 



1 6 INTRODUCTORY 

committed by England, and meetings were held all over 
the State supporting the attitude of the government. The 
British fleets in the bay kept the people of Delaware ever 
on the watch, and some towns suffered from British raids. 
Money and soldiers were freely raised for defense. 

Revised Constitution of 1831. — Some time before 183 1 
the people felt that a change should be made in the ju- 
diciary system of the State. At the election in October, 
1830, the people voted to revise the old constitution, and 
the new convention completed its work December 2, 1831. 
Delaware was governed under this new constitution until 
1897. 

Delaware took an active part in the Civil War, and 
although she had large slave interests in the lower coun- 
ties, the people on the whole were loyal to the Union 
and sent a liberal share of soldiers to the Union armies. 
Sentiment, however, was divided, and many young Dela- 
wareans went south and joined the Confederate Army. 

Proposed Constitutions. — In 185 1 an attempt was made 
to form a new constitution. A new constitution was duly 
made by a convention, but it was rejected by the people 
in 1853. In 1882 changes were, again proposed but were 
not adopted. 

Constitution of 1897. — The constitutions of Delaware 
thus far had all been Federal, that is, their provisions were 
pervaded with the idea that too much power must not be 
given to the people. It was felt that a change was nec- 
essary ; so a constitutional convention was called, which 
completed its work on June 4, 1897. The constitution of 
1897 is the one now in force. The succeeding chapters 
will explain the government of Delaware under this consti- 
tution and the statute law made by the General Assembly 
in accordance with it. 



DELAWARE GOVERNMENT PRIOR TO 1897 1 7 



SUPPLEMENTARY QUESTIONS 

1. Discuss the manners and customs of the Indians who lived in 
Delaware. 

2. Give the story explaining how Delaware was separated from 
Pennsylvania. 

3. What part did Delaware take in the American Revolution ? 

4. What important event took place at Cooch's bridge in the 
Revolution ? 

5. Discuss the British ravages along the shore of Delaware bay 
during the Revolution. 

6. Tell about Caesar Rodney's ride. 

7. What part did Delaware take in the War of 181 2 ? 

8. What was Delaware's attitude on the slavery question ? 

9. What part did Delaware take in the Civil War ? 

10. What part did Delaware take in the Spanish-American War ? 

11. What public questions are now before the people of Delaware ? 



GOV. OF DEL. 



CHAPTER II 

THE REPRESENTATIVE DISTRICT AS A LOCAL UNIT 
OF GOVERNMENT 

Up to the formation of the constitution of 1897 each 
county in Delaware was divided, for the purpose of local 
administration and government, and for the assessing and 
collecting of taxes, into districts known as " hundreds." 
Up to 1824 Maryland counties also were divided into hun- 
dreds. Delaware was for a long time the only State in 
which this division, the hundred, still remained the unit 
of local administration. In the New England States the 
unit of local government is the " town" ; in Tennessee, 
the " civil district," and in most of the other States, the 
"township." 

By the constitution of 1897, Delaware was divided into 
thirty-five Representative districts, of which fifteen are in 
New Castle county, ten in Kent county, and ten in Sussex 
county. In New Castle county, Wilmington hundred was 
divided into five Representative districts, and each of the 
other ten hundreds was made a Representative district ; 
hence in this county the boundary lines of the old hundred 
now mark the limits of the Representative district. In 
Kent and Sussex counties less heed was given to the old 
hundred lines, and while in some cases a hundred may be 
a Representative district,- in more cases a Representative 
district comprises part of one, two, or three of the old 
hundreds. 

18 



THE REPRESENTATIVE DISTRICT 1 9 

For real purposes of government the hundred no longer 
exists ; its place has been taken by the Representative dis- 
trict. Instead of saying that each county has so many 
hundreds, we say now that it has so many Representative 
districts. 

The limits of the Representative districts are carefully 
outlined in Article II, Section 2, of the constitution. In 
New Castle county the five Representative districts in Wil- 
mington are numbered from one to five ; the ten rural dis- 
tricts, from six to fifteen. In Kent and in Sussex county 
the districts are numbered from one to ten. Although the 
hundred was really abolished by the constitution, not in 
so many words, but through the new division into Repre- 
sentative districts, yet the name is one so familiar and so 
woven into our law that it will be many years before men 
will cease to speak of the hundred. 

Origin of the Hundred. — Men in all times have organ- 
ized themselves in some way for the purpose of government. 
Even in the earliest times we learn that the family was the 
unit ; a number of families, usually related by blood, formed 
a clan ; and a number of clans bound together by some 
common tie formed a tribe. 

The Roman people for the purpose of government were 
divided into clans, curies, and tribes. The curia for mili- 
tary purposes was called a century, for it was supposed to 
be able to provide one hundred armed men to serve in the 
army in time of need. Our ancestors who wandered in the 
forests of Germany and Britain had a similar form of gov- 
ernment. Among them grew up a local division of the land, 
the people living in which were supposed to be able to send 
one hundred men to war in case of need. Each hundred 
had its officers, was the unit in the raising of taxes, and had 
its own courts. The need for the hundred soon died out ; 



20 LOCAL GOVERNMENT 

it was at its height about the tenth century,- and in the thir- 
teenth was in its decline. The county and the township 
began to take for themselves the powers of the hundred, 
and at the time the English came to America it had ceased 
to be of any importance except as a local division. 

It seems strange, therefore, that the English settlers in 
Delaware and Maryland should have revived the hundred ; 
but it served as the unit of government from almost the 
earliest days of our State's history down to 1897. The 
county has now been given most of the powers enjoyed by 
the old hundred. 

Officers of the Representative District. — The Repre- 
sentative district is now little more than a division. Its 
officers are few, and most of them are appointed either 
by the Levy Court Commissioners, by the Courts, or by 
the Governor : 

Supervisor of Roads (New Castle county), 

Overseers of Roads (Kent and Sussex counties), 

Fence Viewers, 

Assessor, 

Tax Collector, 

Constable, 

Justice of the Peace. 
Supervisor of Roads. — The Levy Court appoints in each 
rural district in New Castle county a Supervisor of Roads 
for a term of one year at a compensation fixed by the 
Court. It is his duty to make in his district the repairs 
ordered by the Levy Court, all such repairs being made 
under the supervision of the County Engineer. 

Overseers of Roads. — The Levy Court in Kent and in 
Sussex county appoints for every district in each county a 
number of Overseers of Roads for a term of one year at a 
compensation fixed by the Court. In Kent county the 



THE REPRESENTATIVE DISTRICT 21 

number of Overseers in a district varies from seven to 
twenty-six ; in Sussex county it varies from six to twelve. 
The Levy Court of each of these counties decides how 
much shall be spent on the roads in each district, and the 
Overseers make the repairs, usually under the direction of 
the Levy Court Commissioner of the district. 

Fence Viewers. — The Court of General Sessions appoints 
each year a number of men in each district to serve as 
Fence Viewers. There are ten Fence Viewers in each dis- 
trict in New Castle county; in Kent and in Sussex county 
the number in a district varies from three to five. 

Their duty is to decide questions relating to boundary 
fences. If there is any dispute as to whether a fence is on 
the true boundary line of the properties or whether it is 
properly constructed, any three of the Viewers may be 
called upon by the disputing parties to settle the question. 
More than three may be called out, but at least three are 
necessary to give a decision. The person asking for the 
Viewers must pay their fees — usually $i each for each 
day they serve. The Fence Viewers are seldom called out. 

Assessor. — Each district chooses its Assessor on gen- 
eral election day. He is chosen for a term of two years, 
and is paid by fees fixed by the Levy Court of the county, 
except in Wilmington, where each of the five Assessors 
is elected for a term of four years at a salary of $800 per 
year. 

It is the duty of the Assessor to make, every four years, 
a "general assessment" of the value of all property, per- 
sonal and real, and a list of the polls, as may be required 
by law. He goes over the whole district, makes a list of 
the taxable persons, and assesses their personal and real 
estate at what he considers a fair sum. 

In the years between general assessments he assesses 



22 LOCAL GOVERNMENT 

only persons who have moved into the district since the 
last assessment, and such buildings and improvements to 
property as have been made in this time. He strikes off 
his list the persons who have moved out of the district. 
These assessments are known as " scrap assessments." 

The Assessor usually begins to make the general as- 
sessment in October. After he has completed his assess- 
ment he puts the names of the persons assessed and the 
sum for which they are assessed in books or on lists which 
he posts in public places. All persons may examine these 
lists to learn what they have been assessed. After such 
lists have been open to the public he gives notice in the 
papers, and by posters in public places, that on certain 
days the Board of Revision of Assessments will meet 
to hear appeals. The Levy Court of each county, in 
December of every year, appoints two competent per- 
sons in each Representative district of the county, who, 
with the Assessor, form the Board of Revision of Assess- 
ments for that district. The first meeting of these Boards 
in New Castle and Sussex counties takes place on the last 
Tuesday in January; in Kent county, on the first Tuesday 
in March. After the appeals have been heard by these 
Boards in every district, the Assessor sends the revised 
lists to the Levy Court of his county. The Levy Court 
then gives public notice that on certain days it will sit to 
hear further appeals. From the decision of the Levy 
Court, there is no appeal. After the Levy Court Com- 
missioners have revised the list for the last time, they turn 
it over to the Clerk of the Peace of the county, who has his 
clerks make out the tax duplicate for each district. The 
" tax duplicate " is a list of the names of the taxable persons 
and of their tax for the year. 

The assessments of the other three years are made in 



THE REPRESENTATIVE DISTRICT 23 

the same way, and appeals can be made as in the general 
assessment. 

Tax Collector. — A Tax Collector is appointed for each 
district (except in Wilmington) by the Levy Court of the 
county for a term of two years. He is paid by commis- 
sions on the amount of tax collected. He must furnish 
bond each year for at least the amount of the duplicate. 

It is the duty of the Tax Collector to collect the road, 
county, and poor taxes, and the school tax when requested. 
After collecting the tax, the Collector turns it over to the 
County Treasurer. 

Constable. — Each district has at least one Constable 
appointed by the Levy Court for a term of one year. He 
is paid by fees. He must give bond, for sums of money 
often pass through his hands ; for example, when he col- 
lects a debt. 

The duties of the Constable are varied. His chief duty 
is to serve all writs issued by the Justice of the Peace. 
These may be writs for civil or for criminal cases. Any 
warrant placed in his hands by the Justice must be served 
by him on the proper person if it is in his power to do so. 

The number of Constables for a district is fixed by law. 
Some of the Constables, by act of the Assembly, are ap- 
pointed by the Governor. The Governor has the power 
to appoint special Constables for private companies and 
for railroad companies. Such special Constables must be 
paid by the company or corporation for which they are 
appointed. The commissions of special Constables for 
private companies may be revoked at any time ; the com- 
missions of special Constables for railroad companies are 
for two years, but may be revoked sooner by the Governor. 

Justice of the Peace. — Each district has at least one 
Justice of the Peace and may have more as the law may 



24 LOCAL GOVERNMENT 

provide. The Justice is appointed by the Governor for a 
term of four years ; his appointment must be confirmed 
by the Senate. After such appointment and confirmation 
he receives from the Governor a commission allowing him 
to exercise the duties of a Justice. The Justice is paid by 
fees. Every Justice of the Peace is also a Notary Public. 

The Justice is not really a district officer ; he is a State 
officer whose jurisdiction extends over his county, but he 
is resident in the district. He may, in one aspect, be 
regarded as the judicial officer of the district. He holds 
a miniature court of his own and acts as its judge. When 
trying a case he may call witnesses. Whenever a criminal 
offense has been committed he may, at the request of a 
complainant, issue a warrant for the arrest of the accused. 
This warrant he gives to the Constable. In granting war- 
rants the Justice satisfies himself that there is sufficient 
cause for the arrest of the accused person. The Con- 
stable arrests the person accused, and the Justice gives him 
a hearing and takes such action as the law may provide. 

The jurisdiction and power of the Justice are discussed 
in the chapter on the Delaware Courts. 

The miniature court of the Justice is a necessity of our 
time. In unimportant cases justice can be secured there 
more rapidly than through the county courts. Also, the 
disposition of the lesser civil and criminal cases in the 
Justices' courts leaves the county courts free to spend 
their time on the more important cases. Were it not for 
this, our county courts would have more work than they 
could do. 

SUPPLEiMENTARY QUESTIONS 

i. In what Representative district do you live? 

2. Who are the various district officers of your district? 



THE REPRESENTATIVE DISTRICT 25 

3. If as a citizen you believed your property assessed too high, how 
would you try to have the assessment reduced? 

4. Give an instance in which the Fence Viewers may be called out. 

5. If you are not satisfied with the roads, to whom should you make 
complaint ? 

6. Why should all citizens be willing to pay their taxes? 

7. For what purposes is the tax money used? 

8. Are our taxes high or low compared with those exacted from the 
citizens of foreign countries ? 

9. Give a case in which it would be the duty of the Constable to 
act. 



CHAPTER III 
THE GOVERNMENT OF INCORPORATED TOWNS 

In towns and cities certain improvements to roads and 
streets, public utilities, superior advantages for comfort and 
safety, become necessary. New streets must be opened 
at times, pavements must be laid, sewerage and drainage 
systems must be built, water and light must be supplied, 
ordinances for the safety and protection of the citizens 
« must be made. These functions are out of the province of 
the Representative district, and it is evident that when a 
town grows to such a size as to need the improvements 
mentioned above, it should have the power to exercise a 
certain amount of local self-government. 

The General Assembly grants such power to towns of 
sufficient population by passing an act of incorporation. 
Most of the towns of any size in Delaware are now incor- 
porated. Wilmington is the most important municipality 
in the State ; its government is discussed in the following 
chapter. 

Each town has its own charter or act of incorporation, 
and while no two of these acts are the same, the general 
plans of town government are similar. The act under which 
a town is governed states the limits of the town, the im- 
portant officers, how they are to be chosen, what compen- 
sation they shall receive, their terms of office ; it also states 
how much tax may be raised by the town, what shall be 
the plan used in opening new streets and alleys : in fact, 

26 



INCORPORATED TOWNS 2J 

all the powers of the town are laid down in its act of 
incorporation. 

Our discussion of town government must be general, as 
the number of officers, their terms and compensation, vary- 
in the different towns. 

Elections. — The town officers elected by the people are 
chosen at a town election. The time, place, and manner 
of holding this election are stated in the act incorporating 
the town. In some towns the right to vote at the town 
election is limited to males, twenty-one years of age or over, 
who have paid the town tax; in others no distinction of sex 
is made, the requirement being the payment of town tax. 

Officers. — In general the town has the following offi- 
cers : 

Mayor or President of Council, 

Town Council or Town Commissioners, 

Board of Health, 

Treasurer, 

Clerk, 

Alderman, 

Assessor, 

Tax Collector, 

Constable. 
The Mayor or President of Council. — In some towns, 
especially the larger ones, the qualified voters choose a 
Mayor; in others, the Town Council or the Town Com- 
missioners choose one of their number as the President of 
their body, with substantially the same powers as a Mayor. 
It is his duty to preside over the meetings of the Council 
or the Commissioners ; as the executive head of the town 
he must see that their acts are executed ; he hears com- 
plaints from citizens and reports them to the Council or 
the Commissioners at their next meeting. He issues the 



28 LOCAL GOVERNMENT 

licenses which the act of incorporation authorizes him to 
grant. 

The Mayor of New Castle has the power to hold a kind 
of " police court " in which are brought the persons who 
have violated town ordinances. 

Town Council or Town Commissioners. — The legislative 
part of the town government in some towns is a Town 
Council ; in others, it consists of Town Commissioners. 

This body has the power to make ordinances for the 
government of the town. These ordinances are usually 
regulations to preserve order, safety, and cleanliness within 
the town limits. 

It has the power to open new streets and alleys and must 
keep old streets in repair. Many towns receive according 
to their act of incorporation an annual appropriation from 
the Levy Court of their county to spend on the streets of 
the town. 

It has the power to lay and collect every year a tax not 
exceeding the sum named in the charter ; this tax is known 
as the town tax and is used in keeping the streets in repair 
and in meeting the expenses of the town. Many towns, 
according to their charter, also have the power to lay a 
dog tax. 

If the town owns its water works and electric light 
plant, these utilities are usually in charge of the Council 
or the Town Commissioners. 

It has the power under the charter to appoint certain 
officers. 

Board of Health. — In every incorporated town the Coun- 
cil or the Commissioners appoint a Board of Health, of not 
less than three and not more than seven members. One 
of the members must be a physician. 

It is the duty of the Board of Health to secure sani- 



INCORPORATED TOWNS 29 

tary conditions for the town. It has the power to order 
the removal of decaying animal or vegetable matter, the 
repair of drains and cesspools, the removal of anything 
offensive or dangerous to health. 

When a contagious or infectious disease arises in the 
town, the Board must take effective measures to stop its 
spread. 

Treasurer. — In some towns the Treasurer is elected by 
the Council or the Commissioners ; in others, he is elected 
by the voters. He receives all money due the town, and 
pays out such sums as are authorized by the Council or 
the Commissioners. 

Clerk. — In some towns the Clerk is elected by the 
Council ; in others he is elected by the voters. It is his 
duty to keep an exact and true record of all the acts of 
the Council or the Commissioners. 

In certain towns one man is both Treasurer and Clerk. 

Alderman. — In a few towns the Alderman is elected by 
the Council ; in others he is elected by the voters. He 
may or may not be the Justice of the Peace for the State 
resident in the town. 

It is his duty to hear the charges brought against any 
one for violating a town ordinance. He may, within cer- 
tain limits, inflict fines, sentence to imprisonment, or both. 
In some towns the authorities have provided a " lockup " 
for the detention of arrested persons. In some the act 
of incorporation allows the Alderman to commit persons 
to the county prison ; in such case the town must pay to 
the county a stipulated sum for each day the prisoner is 
confined in the county jail. 

Assessor. — The Town Assessor is elected either by the 
voters of the town or by the Council or the Town Com- 
missioners. 



30 LOCAL GOVERNMENT 

His duty is to make, at such times as the act of incorpo- 
ration requires, an assessment of the real and personal 
property within the town limits and of all taxable per- 
sons not owning any property. This assessment is for 
town purposes only. The Assessor gives the completed 
lists to the Council or the Commissioners, who at stated 
times hear the appeals of citizens for changes in their 
assessments. 

The Tax Collector is usually appointed by the Council or 
the Commissioners. He collects the town tax and the 
dog tax. If the town owns its water works and electric 
light or gas plant, he usually collects the revenue arising 
from these utilities. 

The Tax Collector and the Treasurer are each compelled 
to give bond for a sum usually double the amount that may 
be collected. In some towns the same man is both Treas- 
urer and Tax Collector. 

Constable. — The Council or the Commissioners usually 
appoint a Constable or Constables to preserve peace and 
order in the town and to arrest persons who violate the 
law or the town ordinances. In some cases the county 
Constable resident in the town is chosen as town Con- 
stable. In some towns the Constables are called police- 
men. 

Resume. — It will be observed that every incorporated 
town has a complete system of local government. The 
Mayor or the President of the Council or the Commis- 
sioners is the head of the executive branch ; the Council or 
the Commissioners possess the legislative functions ; the 
Alderman, the judicial functions. 

It must be remembered that for other than local town 
matters, the town is a part of the Representative district 
and of the county in which it is situated. 



INCORPORATED TOWNS 3 1 



SUPPLEMENTARY QUESTIONS 

1. Procure a copy of the volume of the Laws of Delaware which 
contains the charter of your town, and read the charter or act of incor- 
poration carefully. 

2. Find out who the officers of the town are, how they are chosen, 
what their compensation is. 

3. Are the town officers men worthy of their position ? If not, why 
not ? 

4. When is the town election held in your town ? Where ? Who 
may vote ? 

5. Why should all good citizens vote at the town election? 

6. Name some condition or place in the town that needs the atten- 
tion of the Board of Health. 

7. If you wish to make a pavement in front of your house, how 
will you proceed to get the proper lines, grading, etc. ? 

8. What action of importance have the Town Council or the Town 
Commissioners taken recently? 

9. What steps do you think might be taken to make the town a 
better place to live in ? 

10. What public questions are before the people of the town? 

11. How much town tax is raised in your town each year? For what 
purpose is the money spent? 



32 



LOCAL GOVERNMENT 



WILMINGTON CITY GOVERNMENT 



The Legislative Power 



Executive Departments 



Some Executive Officers 



Revenues of City 



The Mayor and the City Council. 

r\cc c r-x r- -i f Clerk of Council. 

Officers of Citv Council \ _ .._ 
[ Bailiff. 

Ordinances and Charter of City. 

The Mayor and the Executive Board. 

Street and Sewer Department. 

Water Department. 

Department of Public Health. 

Department of Engineering and Surveying. 

Police Department. 

Department of Parks. 

Department of Education. 

Fire Department. 

Department of Elections. 

Board of Port Wardens. 

Commissioners of Sinking 



Other Boards 



Fund. 
Board of Barber Examiners. 
Board of Assessment, 

Revision, and Appeal. 



Judicial Powers 



r City Treasurer. 
City Auditor. 
City Solicitor. 
Building Inspector. 
Clerk of the Market. 
Inspector of Oils 

and Fluids. 
Taxes. 
Fees. 

Income from Franchises. 
Municipal Court. 
Justices of the Peace. 



CHAPTER IV 

WILMINGTON CITY GOVERNMENT 

It has been shown in the preceding chapter how the 
incorporated towns of the State are governed. It is evi- 
dent that as the population of a city increases, the needs 
of the people become more numerous and the government 
becomes more complex. The opening and repairing of 
streets, the building of sewers and drains, the providing of 
means for rapid transit, the establishing of schools, the 
care of the public health and safety, the providing of 
public utilities such as light and water, and many other 
functions — all these devolve in some way upon the city. 

The rights which a city enjoys and the powers of city 
government vested in it are guaranteed to it in a charter. 
The city of Wilmington is governed under a charter 
granted by the General Assembly in 1883 ; amendments 
have been made at every session since then. This charter 
as amended states clearly the limits of the city and defines 
the powers of the city boards and officers. 

The government of the city is exercised through three 
branches: the legislative, the executive, and the judicial. 

The Legislative Branch 

The City Council 

How Composed. — The City Council is composed of a 
President of the Council and twelve other members. The 
President is chosen by the voters of the entire city, and 

GOV. OF DEL. — 3 33 



34 LOCAL GOVERNMENT 

each of the twelve wards of the city elects a Councilman. 
These officers are chosen for a term of two years. 

Meetings. — The Council holds its regular meetings 
once a week in the Council Chamber in the City Hall. 
Seven members constitute a quorum. The Mayor may 
call special meetings when necessary ; a special meeting 
may also be called at the request of five members. The 
sessions of Council must be open to the public. 

Duties and Powers. — To enumerate specifically all the 
powers of the City Council would require much space. 
The three most important powers of the Council are: to 
make ordinances for the government of the city, to borrow 
money for the use of the city, and to choose certain city 
officers. In exercising these and other powers it is guided 
by the city charter. 

The laws made by the Council are called ordinances. 
If a bill receives the vote of a majority of all the members, 
it is sent to the Mayor ; if he signs it, it becomes a city 
ordinance. If the Mayor does not approve a bill, he re- 
turns it to the Council with his objections. These objec- 
tions are placed on the journal, and if after the reconsidera- 
tion of the bill, two thirds of the members vote for it, it 
becomes an ordinance. If a bill which has been passed 
by the Council and presented to the Mayor is not returned 
within ten days (Sundays excepted) after it was presented 
to him, it becomes an ordinance in like manner as if it 
had been signed by him. Franchises to public service cor- 
porations, such as street railway, lighting and power, and 
telephone companies, must be passed in the same way as 
an ordinance. 

" The Council, by ordinance, may borrow money . . . 
to an amount, inclusive of the present bonded debt, not 
exceeding in the aggregate ten per centum of the assessed 



WILMINGTON CITY 35 

value of the real estate of the city." The Council may in 
any one year borrow a sum not exceeding $50,000 by an ordi- 
nance passed by a two-thirds vote of all the members and 
signed by the Mayor ; or if vetoed by the Mayor and re- 
passed by a three-fourths vote of all the members. When- 
ever the sum to be borrowed in a year exceeds $50,000, 
the ordinance authorizing the loan is not effective until it 
has been approved by a majority vote of all the qualified 
voters of the city at the subsequent city or special election. 
The General Assembly also may pass bills authorizing 
the city to borrow money. 

The City Council has the power to choose certain city 
officers ; it may also confirm or reject the appointments to 
office made by the Mayor. 

The City Council fixes the tax rate annually for city and 
school purposes. It pays certain city bills and must make 
an annual appropriation to the various city departments. 

City Clerk and Clerk of Council. — This officer is chosen 
by the Council for a term of two years. It is his duty to 
keep the journal of the Council, in which he records all 
official acts of the Mayor and of the Council. He performs 
such other duties as the Council may by ordinance place 
upon him. 

Bailiff. — The Bailiff of Council is chosen by the Gouncil 
for a term of one year. He acts as the messenger of the 
Council, keeps the Council Chamber in order, and is cus- 
todian of the City Hall, except of such parts as are occu- 
pied by the Municipal Court and the Police. 

The Executive Branch 

The Mayor is the chief executive officer of the city ; 
he is the head of the city government. He is elected by 
the qualified voters of the city for a term of two years. 



36 LOCAL GOVERNMENT 

The Mayor's chief duty is to see that the ordinances of 
the City Council are faithfully executed. He exercises a 
general supervision over the work of the various depart- 
ments and officers of the city. He appoints certain city 
officials, subject to the confirmation of the Council. The 
Mayor's duties in connection with the Council form a 
large part of his work. The Mayor also has the powers 
of a Notary Public, and within the city he is authorized to 
solemnize marriages. 

In order that the Mayor may be able to enforce the laws 
and ordinances relating to the city and in order that he may 
secure such information as he desires concerning the city, 
he may make an investigation into the condition of an 
office or department. Such books and papers as he desires 
during the inquiry must be delivered to him, and the wit- 
nesses whom he summons must appear and testify. 

The City Treasurer is elected by the qualified voters 
of the city for a term of two years. He appoints a clerk 
known as the City Treasurer's Clerk, who holds office 
during the pleasure of the Treasurer. 

All moneys due the city come into the hands of the 
City Treasurer, and must be deposited by him, in the name 
of "The Mayor and the Council of Wilmington," in some 
incorporated banking institution or institutions named by 
the Council. The city and school taxes, the income of 
the various city departments, in fact, all moneys due the 
city, are paid to him. 

Money is drawn from the city funds only on an order 
signed by the President and Clerk of Council and coun- 
tersigned by the City Auditor and City Treasurer. The 
Treasurer at stated intervals must furnish the Council with 
itemized lists of all moneys received and paid out since his 
last statement. 



WILMINGTON CITY 37 

The City Auditor is appointed by the Mayor for a term 
of two years. The Auditor appoints a clerk known as 
the City Auditor's Clerk, who holds office during the Au- 
ditor's pleasure. 

The duties of the City Auditor are varied. He audits at 
stated intervals the accounts of the city departments and 
officers, and certifies to their correctness. He examines 
all bills against the city and indorses them as correct be- 
fore they are presented to the Council for payment. He 
examines and countersigns all drafts or orders upon the City 
Treasurer before they can be paid ; he may, if he thinks 
proper under the law, refuse to sign a bill, draft, or order, 
in which case the Council may either sustain or overrule 
his action. 

The City Solicitor is appointed by the Mayor for a term 
of two years. The City Solicitor appoints an Assistant 
City Solicitor, who holds office during the City Solicitor's 
pleasure. 

The City Solicitor is the legal adviser of all the officers 
and departments of the city. He is the prosecuting officer 
of the city in the Municipal Court, and acts as counsel for 
the city in the other courts. He also possesses the power 
to call witnesses and to require the production of books 
and papers, for the purpose of securing information re- 
lating to his duties as prosecuting officer of the Municipal 
Court, and for the detection of violations of any laws or 
ordinances affecting or concerning the city. 

The Executive Board 

The Mayor, and the Presidents of the following boards, 
constitute the Executive Board : Street and Sewer Com-' 
missioners, Water Commissioners, Police Commissioners, 
Park Commissioners, Board of Education, and Board of 



38 LOCAL GOVERNMENT 

Health. The Board meets at least once a month in the 
Mayor's office, and the Mayor may call special sessions 
when necessary. 

The meetings of the Board are devoted to the consider- 
ation of the interests of the city and of its various officers 
and departments. It may act in an advisory capacity to 
the departments, but its action is not binding on a depart- 
ment or officer in this advisory capacity. If a dispute 
or difference arises between or among any of the depart- 
ments of the city, or among the officers of any department, 
and is not amicably settled within ten days, it must be 
referred to the Executive Board, whose decision is final 
and binding. 

The members of the Board are, ex officio, members of 
the Council, with the right to take part in its discussions ; 
but in no case do they have the right to vote on a matter 
before the Council. 

Street and Sewer Department 

The Street and Sewer Department is under the charge 
and direct supervision of three Directors or Commissioners 
appointed by the Mayor for a term of six years ; at no time 
may all three of these be from the same political party. 
The members choose one of their number as President of 
the Board. 

Powers and Duties. — The streets and sewers of the city 
are under the care of this department. The Board has 
the power to widen or extend old streets, to open 
new streets, to lay new sewers, and grant permission to 
property owners to make sewer connections. It has 
supervision, also, over the cleaning and sprinkling of the 
streets and also provides adequate lighting for the streets 
and squares. In short, the department has direct control 



WILMINGTON CITY 39 

of all matters pertaining to the streets and sewers of the 
city, exercising its authority under the charter of the city 
and the ordinances of the Council. 

All moneys received by the department are paid to 
the City Treasurer. The Council must make an annual 
appropriation of at least $100,000 for the use of this de- 
partment. 

Officers. — The Board of Directors of the Street and 
Sewer Department chooses the officers of the department. 
The principal' officers are the Secretary and Assistant 
Secretary, Street Commissioner, Collector, Engineer and 
Assistant Engineer in Charge of Sewers, two Rodmen, 
four Supervisors, Stenographer, and Storekeeper. The 
officer known as Inspector of Plumbing and Gas Inspec- 
tor is chosen by the Commissioners for a term of three 
years, and he must be a practical plumber of at least five 
years' experience. He keeps a register of all the licensed 
plumbers in the city and grants licenses to responsible 
plumbers. All plans for plumbing and draining in buildings 
must be submitted to him ; if he approves the plans, the 
work may be done, and he must inspect it within twenty- 
four hours after it is completed. The ordinances of the 
city provide rules and regulations governing plumbing and 
draining. As Gas Inspector he enforces the ordinances of 
Council governing and regulating gas pipe fitting. He must 
also make a daily test of the gas as to candle power, and, at 
the request of a consumer, must test the consumer's meter. 

Water Department 

The Water Department is under the direct control and 
supervision of the Board of Water Commissioners. This 
Board has three members appointed by the Mayor for a 
term of six years ; at no time may more than two be from 



40 LOCAL GOVERNMENT 

the same political party. One of the Commissioners is 
chosen by the Board as its President. 

Duties and Powers. — This Board has control of all 
matters relating to the water supply of the city and the 
management and direction of the water works. It has 
charge of and supervision over the water mains, stop cocks, 
hydrants, and other fixtures pertaining to the distribution of 
water through the city. 

The Board also has charge of the collection of the water 
rents due the department. 

Officers. — The Board has the power to employ and dis- 
charge its own officers. The most important executive 
officer of the department is the Chief Engineer, who has 
charge of the water works and exercises general super- 
vision over the officers and men connected with them. 
The department has three other engineers — the Assistant 
to the Chief Engineer, an Assistant Engineer, and an 
Assistant Engineer of Construction. The Bacteriologist 
has a well-equipped laboratory in which he makes analyses 
of the city water at frequent intervals to determine its con- 
dition as to the presence of bacteria, and such other tests 
as are necessary for the preservation of the health of the 
city and the conservation of its manufacturing interests. 
The Registrar issues the permits to use the city water and 
receives all money due the department ; he is aided by 
the Assistant Registrar. The other officers of the Water 
Department are clerks, meter inspectors, special inspect- 
ors, and the engineers at the City Mill and Cool Spring 
stations. 

Revenue. — The consumers of the city water must pay 
what is known as a water rent ; the schedule of rents is 
fixed by ordinance of the Council. The water rents and 
other revenues of the department are paid by the Regis- 



WILMINGTON CITY 4 1 

trar to the City Treasurer. The expenses of the depart- 
ment are met each year by an appropriation of the 
Council, which must be not less than $120,000. 

Department of Public Health 

The Board of Health is composed of the Port Physician, 
two other physicians, a practical plumber, and a business 
man, all appointed by the Mayor for a term of two years ; 
the Chief Engineer of the Department of Engineering 
and Surveying is also, ex officio, a member of the Board. 
Three members constitute a quorum. The Board chooses 
a President and a Treasurer from its members. 

Powers and Duties. — The Board of Health has charge 
of and supervision over all matters pertaining to the pub- 
lic health. It may abate nuisances existing in the city or 
within one mile of its limits. In cases of contagious and 
infectious diseases it may take proper precautionary meas- 
ures to prevent their spread. In general, the Board exer- 
cises such powers as are granted to Boards of Health by 
the laws of the State and by the ordinances of the city. 

This Board also makes all contracts for the collection of 
the garbage and offal of the city, and has full control and 
management of the City Crematory. 

The Council makes an annual appropriation of not less 
than $1000 for the use of the Board. 

Officers. — The Board of Health elects its Secretary and 
Assistant Secretary and four executive officers. The Sec- 
retary of the Board keeps a record of its proceedings and 
also acts as its chief executive officer. The four executive 
officers under the direction of the Secretary enforce the 
rules and regulations of the Board. 

Registrar of Vital Statistics. — The Secretary of the 
Board of Health is also the Registrar of Vital Statistics. 



42 LOCAL GOVERNMENT 

It is his duty to keep separate lists of all births, deaths, and 
marriages in the city. 

It is the duty of the parents of a child, or of such person 
as the Council may designate, to furnish the Registrar, 
within ten days after the birth of the child, with such in- 
formation as the Registrar may require. 

It is the duty of every clergyman or magistrate per- 
forming a marriage ceremony in the city to fill out a 
blank giving the required information and file it with the 
Registrar within five days after performing the ceremony. 

It is the duty of every physician who attends a deceased 
person during a last illness to furnish the Registrar with 
a certificate showing the cause of death and to give such 
other information as he may require. In case there was no 
attending physician, the householder in whose family the 
death occurred must furnish the certificate ; if the Coroner 
holds an inquest over the body of the deceased, he must 
furnish the certificate. After the Registrar has received 
the certificate, he issues a permit allowing the removal 
and burial of the body. Without such a permit a body 
cannot lawfully be buried. If the body of a deceased 
person is to be taken out of the city, the undertaker or 
other person, before removing the body, must obtain a per- 
mit from the Registrar. Persons neglecting to obey these 
regulations are subject to a fine. 

The Inspector of Meats is elected by the Council for a term 
of two years. It is his duty to inspect at any place within 
the city, all cattle, swine, sheep, or other animals used for 
food, to prevent the slaughter of diseased animals, to pre- 
vent the sale or use for food of diseased, tainted, or un- 
wholesome meats, to cause the same when found to be 
destroyed, and to cause the arrest and trial of persons 
exposing or offering the same for sale. 



WILMINGTON CITY 43 

The Inspector of Milk is chosen by the Council for a 
term of two years. It is his duty to inspect all the milk 
sold in the city. He also inspects the herds producing 
the milk. He must cause the arrest and trial of persons 
offering for sale milk which does not meet his tests. 

Vaccine Physicians. — The Council elects annually four 
vaccine physicians for the city. The city is divided for this 
purpose into four districts, and any citizen of Wilmington 
may apply for vaccination to the physician of the district 
in which he resides. 

Department of Engineering and Surveying 

The Department of Engineering and Surveying has 
supervision and direction of all surveys and regulations 
ordered by acts of the General Assembly and by ordi- 
nances of the Council. The laying out of new streets, the 
furnishing of building lines to those who are erecting new 
structures, and the general engineering and surveying work 
of the city — all these functions fall to this department. 

Officers. — The chief officer of this department is the 
Chief Engineer ; the other officers are the First and Sec- 
ond Assistant Engineers, and the Clerk of the Registry 
Bureau. The officers are elected by the Council for a 
term of three years. 

Registry Bureau. — The Clerk of the Registry Bureau 
has charge of this Bureau under the supervision of the 
Chief Engineer. It is the duty of the Registry Bureau 
to keep a register in which are entered plans of the city 
and a description of every property in the city. When- 
ever a property changes hands, the transfer must be noted 
in the register. These registration books must be kept 
up to date continually, and every buyer or seller of real 
estate located in the city must notify the Bureau of the 



44 LOCAL GOVERNMENT 

transfer and give an exact description of the property. 
The Bureau once a month furnishes the Assessors and 
Collectors with a list of all property transfers registered. 

Police Department 

The Police Department of the city is under the direct 
control of the Board of Police Commissioners, which is 
composed of three Commissioners appointed for a term of 
six years by the Associate Judge of the Superior Court 
resident in New Castle county. The Board chooses its 
own President, and may fill vacancies in the Board for an 
unexpired term. At no time may all three Commissioners 
be from the same political party. 

Duty and Powers. — It is the duty of this Board to pre- 
serve the public peace within the city, prevent crime, 
arrest offenders, protect the rights of persons and prop- 
erty, guard the public health, preserve order at primary 
meetings and elections, at all public meetings and conven- 
tions, and on all public occasions, prevent and remove 
nuisances in all public streets and highways, provide 
proper police force at every fire for the protection of the 
firemen and property, and enforce the laws of the State and 
the laws and ordinances, rules and regulations, of the city. 
The Board has entire control also over the fire alarm and 
police telegraph system of the city. The Superintendent 
of Police and Fire Alarm Telegraph, appointed by the 
Board, has direct charge of this system. 

The Police Force. — The Board of Police Commissioners 
carries out its important function through a police force. 
The entire force numbers about ninety men. The police 
headquarters are at City Hall, where are also a number 
of cells for the detention of prisoners. The chief officer 
of the police force is the Chief of Police. There are two 



WILMINGTON CITY 45 

Captains of Police, various subordinate officers, and about 
sixty-five patrolmen or police officers. All these officers 
are chosen by the Board. 

The Council must make an annual appropriation of not 
less than $90,000 for the use of this department. 

Department of Public Parks 

The parks of the city are under the control of the Board 
of Park Commissioners, composed of ten Commissioners 
appointed for a term of five years by the Associate Judge 
of the Superior Court resident in New Castle county; 
the Mayor, President of Council, Chairman of the Finance 
Committee of the Council, and the Chief Engineer of the 
Surveying Department are also, ex officio, members of 
the Board. 

The Board chooses a President from among its mem- 
bers, and also a Treasurer, who may or may not be a 
member. The Board also elects an Engineer and Super- 
intendent of Parks. 

The City Parks. — A system of parks is necessary for 
every city. Not only do they make a city more attractive, but 
they also furnish cool spots where the people may find rest 
and recreation. Wilmington is noted for its beautiful parks. 

Main Park System 

Acres 
North Brandywine Park ....... 101.01 

South Brandywine Park . . . . . . . 73-22 

Kentmere Parkway and Rockford Grove .... 14-83 

Rockford Park . 71-37 

Small Parks 

Acres 
Kirkwood Park, Eleventh and Kirkwood Streets . . . 5.16 

Delamore Park, Broom and Maple Streets .... 5.34 

Eden Park, New Castle Avenue and F Street . . . 7.35 



46 LOCAL GOVERNMENT 

The follozving small parks and open places are not tinder 
the control of the Park Commissioners : 

Acres 
Cool Spring Park, Tenth and Jackson Streets . . . 7.50 

Rodney Park, Eighth and Clayton Streets . . . . 1 .66 
Franklin Park, Eighth and Broom Streets .... 2.89 
Garfield Place, Delaware Ave. and Washington Street . .12 

Kennett Place, Pennsylvania Ave. and Franklin Street . .12 

Shipley Place, Twelfth and Market Streets . . . . .17 

Soldiers' Monument, Delaware Ave. and Broom Street . . .09 

Powers and Duties of the Board. — It is the duty of the 
Board of Park Commissioners to keep the parks under 
its control in good order, to appoint the necessary park 
guards and keepers, and to expend in such manner as it 
may think proper the annual appropriation of the Council. 
The Board has also adopted a number of rules and regula- 
tions applying to the parks. 

Public bath houses, the Delamore and the Brandywine, 
have been established by the Board. The Wilmington Free 
Zoological Association has established a " Zoo " at North 
Brandywine Park. 

Department of Education 

The public schools of the city are under the control and 
supervision of the Board of Education. This Board has 
thirteen members ; each of the twelve wards of the city 
elects a member of the Board, and the President of the 
Board is elected by the city at large. Women may be 
members of the Board. Only taxpayers are allowed to 
vote; but women, as well as men, who have paid tax are 
qualified to vote at the school election. 

The members of the Board are chosen for a term of 
four years. A school election is held once every two years: 
at one election the members from the even-numbered wards 



WILMINGTON CITY 47 

are chosen ; at the next election the members from the 
odd-numbered wards are chosen. The Board elects a Sec- 
retary, who is not a member of the Board. 

Organization of the Schools. — The chief executive offi- 
cer of the schools is the City Superintendent, appointed by 
the Board. He has the immediate supervision of the 
schools, examines and licenses applicants for teachers' 
certificates, and performs such other functions as fall 
to a Superintendent of Schools. He is aided by an Assist- 
ant Superintendent. The Board also chooses a Supervisor 
of School Property, who looks after the condition of the 
school buildings. 

There are separate schools for the white and the colored 
pupils. At the head of the schools for the white pupils is 
the Wilmington High School. At the head of the colored 
schools is the Howard High School. The Board also 
supports a Training School in which young women are 
prepared to teach in the city schools. 

All the officers and teachers are chosen by the Board, 
which also decides what the salaries shall be. 

Income of the Schools. — The City Council makes an 
annual appropriation of not less than $180,000 for the use 
of the Board of Education. The city also receives a large 
share of the State School Fund. 

Wilmington Free Library. — A law of the General As- 
sembly provides that the Mayor, President of Council, 
Chairman of the Finance Committee, President of the 
Board of Education, Chairman of the Committee on 
Teachers of the Board of Education, and the Super- 
intendent of Schools shall be members of the Board of 
Managers of the Wilmington Free Library. The Council 
makes an annual appropriation for the use of the library, 
not exceeding 1 cent per month for each inhabitant of 



48 LOCAL GOVERNMENT 

the city. The library also receives other support. The 
Board of Managers chooses the Librarian and his assist- 
ants. 

Fire Department 

The Fire Department of the city is composed of eleven 
Fire Companies. Each company is chartered by the 
General Assembly and has its own home in the city, in 
which are provided quarters for the members and for the 
apparatus of the company. 

Officers. — The Department is under the control of the 
Fire Committee of the City Council. The executive officers 
of the Department are the Chief Engineer, First Assistant 
Engineer, and Second Assistant Engineer. These officers 
are chosen by the firemen from the various companies in 
the Department for a term of two years. 

Each company chooses its own officers, the most impor- 
tant of which are the President and the Engineer. During 
a fire or whenever the companies are in service, the Chief 
Engineer and his two Assistants are in command. 

Support. — The City Council appropriates to each com- 
pany every year a sum sufficient to keep the apparatus in 
repair and to pay the current expenses. The members of 
the companies are not paid, the service being on a volunteer 

basis. 

Department of Elections 

The Department of Elections is composed of five Elec- 
tion Commissioners appointed by the Governor for a term 
of six years. All elections in the city are conducted under 
the supervision of these Commissioners. 

The Elections held in the city are the " general election" 
held biennially on the first Tuesday after the first Mon- 
day of November, the " city election " held biennially on 
the first Saturday in June, the " school election ". held bi- 



WILMINGTON CITY 49 

ennially in certain wards on the second Saturday in June, 
and such special elections as may be called under the 
law. 

At the general election the people vote for State officers 
and the Representative of the State in Congress. At the 
city election are chosen the elective city officers. At the 
school election are chosen the members of the Board of 
Education. 

Election Districts. — The city is divided by the constitu- 
tion into five Representative districts. These five districts 
have been divided into a certain number of voting districts 
for the convenience of the voters and to secure a rapid 
count of the votes. 

Election Officers. — The Department of Elections appoints 
one Registrar and two associates for every voting district 
in the city. Their term is two years. They also serve 
as Inspector and Judges of Election at the elections held 
during their term. The registration for the general and 
the city election is conducted by these officers. Registra- 
tion is not necessary for a school election, the presentation 
of the tax receipt being sufficient ; thus at this election 
women taxpayers may vote. 

The Department chooses a -Clerk to the Department of 
Elections, who keeps an official record of all their acts. 

Other Boards 

The Board of Port Wardens is composed of five Wardens 
chosen by the Council for a term of five years from nomi- 
nations made by the Board of Trade. The Board of Port 
Wardens chooses one of its members as Master Warden. 

The wharves, docks, and harbor of the city and the 
waters within certain limits are under the direct control and 
supervision of the Board. The Council annually chooses 

GOV. OF DEL. — 4 



50 LOCAL GOVERNMENT 

a Harbor Master, who is nominated by the Board of Port 
Wardens. The Harbor Master serves as the executive 
officer of the Board and sees that all the laws of the State 
and all the ordinances of the Council pertaining to the 
wharves and docks, and all the rules and regulations of the 
Board of Port Wardens, are carefully executed. 

Commissioners of the Sinking Fund. — The Sinking 
Fund is a fund established for the city by an act of the 
General Assembly to provide for the payment of city 
bonds as they become due. Three Commissioners, elected 
by the Council for a term of three years, have charge of 
this fund and of all bonds issued for the city under 
the Sinking Fund Act. 

The Board of Barber Examiners is composed of three 
reputable barbers of the city, appointed by the Governor 
for a term of three years. It is the duty of this Board to 
adopt reasonable rules and regulations prescribing sanitary 
requirements for barbershops; these rules are subject to 
revision by the Board of Health. It is their duty also to 
meet at least three times a year to examine those who wish 
to practice the barber's trade in the city, and to furnish 
certificates to those barbers who have legally registered. 

The Assessment and Collection of the Taxes 

The Taxes. — The expenses of the city government are 
heavy. The salaries of the city officials, the expenditures 
of the various departments, the interest on the bonded 
debt of the city, all these demand that there shall be a 
certain and sufficient source of revenue. To meet its 
internal expenses, the city therefore levies and collects a 
city and school tax. As the city is a part of the county, 
the county levies and collects a county tax in the city. 

Assessment of Real Estate. — The taxes in the city are 



WILMINGTON CITY 5 I 

levied on real estate ; therefore, the property owners pay- 
all the taxes. 

For the purpose of assessing and collecting the taxes, the 
city is divided into two districts. The northern district 
comprises all that portion of the city north of Sixth Street ; 
the southern district comprises all that portion of the city 
south of Sixth Street. Each district elects an Assessor and 
Collector for a term of two years. He appoints one clerk 
to aid him. 

It is the duty of each Assessor and Collector to make 
annually a fair and complete assessment of all the taxable 
property in his district. Real estate belonging to the 
United States, to the State, to the city, or to New Castle 
county is not taxed. Public schools and churches are ex- 
empted from taxation ; hospitals and benevolent institu- 
tions may, by act of the Assembly, be relieved from the 
payment of taxes. The completed assessment is turned 
over to the Board of Assessment, Revision, and Appeal. 

The Board of Assessment, Revision, and Appeal has 
three members — the President of Council, the Chairman of 
the Finance Committee of the Council, and the Building 
Inspector (p. 53). This board has general supervision 
over the Assessors and Collectors of the city and must see 
that they make a faithful, fair, and complete assessment 
of all the taxable property in their respective districts. 
After the assessment list has been completed by the 
Assessor and given to the Board, it sits each day of the 
month of April (Sundays excepted), every year, at some 
convenient place in the city, or as many days as may be 
necessary in that month, from 2 p.m. to 4 p.m., and from 
7 p.m. to 9 p.m., for the purpose of hearing the appeals of 
property owners for a change in their assessment. No 
appeals are received after the last day of April. 



52 LOCAL GOVERNMENT 

How the Rate is Fixed. — The City Council estimates each 
year what sum will be necessary for the city the coming 
year ; it then subtracts from that sum what will be the es- 
timated income, and the remainder represents the amount 
which has to be raised by city taxation. Knowing from 
the assessment list the entire value of the taxable property, 
the Council fixes the tax rate for the coming year. The 
tax duplicates are then made out and handed to the Asses- 
sors and Collectors, who, having given sufficient bond, pro- 
ceed to collect the tax. 

The county tax rate is fixed by the Levy Court of New 
Castle county. The county tax is paid directly to the Re- 
ceiver of Taxes and County Treasurer of New Castle county 
at his office in the Court House. 

Franchise Taxes. — The city is authorized by an act of 
the Assembly to collect annually from the telegraph, tele- 
phone, water, electric light, gas, street railway, and heat 
and power companies, operating in the city, a tax specified 
in the act. 

The City Markets 

The City Council has named certain streets or parts of 
them on which public curbstone markets may be held. 
The curb on each side of these streets is laid off into 8-foot 
spaces. These spaces are rented to farmers, truckers, and 
other producers of farm products, fresh fruits, flowers, and 
fresh meats. The Council has prescribed by ordinance the 
place and time of holding the markets. 

The Clerk of the Market is chosen by the Council for a 
term of two years. It is his duty to keep a record of all 
persons to whom he has rented space on the curb markets. 
He exercises a general supervision over the city markets 
and acts as the sealer of weights and measures, examining 
the weights and measures at least once every year. 



WILMINGTON CITY 53 

Other City Officers 

The Building Inspector is chosen by the Council for a term 
of three years. It is his duty to number the buildings within 
the city, to inspect all buildings erected within the city, and 
to examine all buildings reported unsafe. Before any 
structure may be erected in the city, a permit must be ob- 
tained from the Inspector. The Council has made regula- 
tions to govern the erection of buildings, and it is the duty 
of the Inspector to enforce these. 

The Inspector of Oils and Fluids is chosen by the Council, 
and it is his duty to inspect all oils or fluids made, sold, or 
offered for sale in the city, which the ordinances of the 
Council require to be inspected. 

The city government includes also a few officers not 
mentioned in this chapter, but their duties, as a rule, are 
unimportant. 

The Judicial Branch 

Municipal Court 

The large population of the city, the many offenses 
against city ordinances, and the preserving of the peace 
make necessary a local court for the city. The General 
Assembly has therefore established and defined the juris- 
diction of the Municipal Court for the city of Wilmington. 
How Composed. — The organization of the Municipal 
Court includes the following officers : 
Judge of the Municipal Court, 
Deputy City Judge of the Municipal Court, 
Clerk of the Municipal Court, 
City Solicitor, 
Policemen. 
The Judge of the Municipal Court is appointed by the 
Governor for a term of twelve years. The Deputy City 



54 LOCAL GOVERNMENT 

Judge is appointed by the Associate Judge of the Supe- 
rior Court resident in New Castle county for a term of 
four years. The Clerk of the Court is appointed by the 
Judge and holds office during the pleasure of the Judge. 

Sessions. — The sessions of the Municipal Court are 
held daily at 9 a.m., except Sundays, in the court room in 
City Hall. 

Jurisdiction. — The Municipal Court has jurisdiction over 
all cases which involve the violation of city ordinances. 
The Judge may hold the accused or allow him to give bail 
as the law may provide, if the case does not come under his 
jurisdiction. The Judge of this court is also vested with the 
powers of a Justice of the Peace and of a Notary Public. 

Manner of Trial. — All prosecutions in the Municipal 
Court are made " on information," that is, without indict- 
ment by a grand jury. There are no juries in this court. 
The City Solicitor and his assistant act as the prosecuting 
officers of the city. 

Appeal. — In certain cases appeals may be made from the 
Municipal Court to the Court of General Sessions of New 
Castle county. In certain other cases the decision of the 
court is subject to review by the Superior Court for New 
Castle county. 

SUPPLEMENTARY QUESTIONS 

1. Who are the various city officers at the present time? 

2. Who are the members of the various Boards? 

3. What types of men are holding office in the city now? 

4. How may a city secure good government? 

5. What city organizations are there with public-spirited aims? 

6. Explain the aims of the Society for the Prevention of Cruelty to 
Animals ; of the Board of Trade. 

Note to the Teacher. — To fix the city government well, take certain 
public matters pertaining to the city and then have the pupils tell what 
officer or what department must deal with the subjects in question. 



CHAPTER V 
COUNTY GOVERNMENT 

Before the constitution of 1897 the hundred was an im- 
portant unit of local administration. Now the hundreds 
have been merged into the Representative districts, and the 
old powers of the hundred are largely vested in the county, 
so that the county is the true unit of local government. 

The Three Counties. — Delaware is divided into three 
counties, New Castle, Kent, and Sussex, — names which 
we at once recognize as English. Each county has its 
own county seat, where are situated the county court- 
house and the offices of the various county officers. The 
county seat of New Castle is Wilmington; of Kent county, 
Dover ; of Sussex county, Georgetown. 

In the county are vested certain powers of government, 
such as the assessing of various taxes for county use, the 
repairing of roads and bridges, the granting and recording 
of certain legal documents, the preserving of the peace, 
and the care of the poor. To carry out these powers each 
county has its own machinery of government ; the plan 
of county government, though differing in some details, is 
much the same in the three counties. 

County Boards: 
Levy Court, 
Trustees of the Poor, 
County School Commission, 

Trustees of the Workhouse (New Castle county), 
Jail Commissioners (Kent and Sussex counties). 

55 



56 COUNTY GOVERNMENT 

County Offices: 
Clerk of the Peace, 
Prothonotary, 

Register in Chancery and Clerk of Orphans' Court, 
Recorder of Deeds, 
Register of Wills, 
Controller (New Castle county), 

Receiver of Taxes and County Treasurer (New Castle 
county), 

County Treasurer (Kent and Sussex counties), 

Treasurer of the Poor (Kent county), 

Sheriff, 

Coroner, 

County Superintendent of Schools, 

Sealer of Weights and Measures, 

State Highway Commissioner (New Castle county), 

County Supervisor (New Castle county), 

County Engineer (New Castle county). 

The Levy Court 

The Levy Court is in many respects the most important 
executive board of the county. Originally the chief duty 
of the Levy Court was to meet once a year and determine 
the tax rate for that year, from which duty it received its 
name. From time to time this board has been granted 
new powers by the General Assembly, and now its powers 
and duties are varied and important. 

How Composed. — The Levy Court of New Castle county 
is composed of seven Commissioners chosen for a term of 
four years at the general election. Each member receives 
$1200 per year. The Levy Court in each of the two 
lower counties is made up of ten Commissioners chosen 
at the general election for a term of four years, at a salary 



COUNTY GOVERNMENT 57 

of $300 per year. In New Castle county the Senatorial 
districts are also Levy Court districts ; in Kent and Sussex 
counties the Representative districts and Levy Court dis- 
tricts are identical. Each Levy Court district chooses a 
Commissioner. 

A Levy Court Commissioner must be a resident and 
property owner in the district from which he is chosen. 
A Commissioner forfeits his office if he ceases to be a 
resident or property owner in his district. A Commis- 
sioner may not, as long as he is in office, be also a Coroner, 
Sheriff, County Treasurer, Trustee of the Poor, or Col- 
lector of county or State tax ; the duties of any of these 
offices might conflict with his duty as a Commissioner, 

Meetings. — The Levy Court of New Castle county meets 
almost every week at the county seat, Wilmington. The 
Levy Court of Kent county holds its regular meetings the 
first Tuesday of each month at Dover. The Levy Court 
of Sussex county holds its regular meetings the first Tues- 
day of January, February, March, April, May, October, 
November, December. A majority of the members con- 
stitute a quorum, and special meetings may be called 
when necessary. 

Duties. — The chief duty of the Levy Court is to super- 
vise the assessing of property and to levy the taxes. 
The Assessor in each Representative district, after com- 
pleting the assessment of personal and real property and 
the list of those subject to a head tax, hands over these 
lists to the Levy Court of his county. These lists are 
examined by the Levy Court each year, and it has the 
power of adding to or striking from the lists such names 
as it may think proper. It may also change any assess- 
ments which in its opinion are either too high or too low. 
On the first Tuesday of March the Levy Court sits as a 



58 COUNTY GOVERNMENT 

Court of Appeal and hears all persons who are not satis- 
fied with their assessment. On such appeals they may 
take such action as they think proper. They may sit as 
a Court of Appeal as many days in March as they think 
necessary to hear all the appeals. 

After the last day of March the assessment lists are 
complete. The Levy Court Commissioners now know 
just what sum may be taxed the coming year. They 
compute the sum which must be spent on the roads in 
the various districts the coming year, and then decide 
how much the road tax rate shall be to raise this sum. 
They compute the sum necessary to support and aid the 
poor the coming year, and then decide what the poor 
tax rate shall be. The sum necessary to meet the other 
expenses of the county for the coming year is computed, 
and then they fix the county tax rate to meet these 
expenses. These rates must be uniform throughout the 
county. 

The Clerk of the Peace, as the clerk of the Levy Court, 
then makes out the tax duplicate for each district in the 
county. The Levy Court appoints a Tax Collector in each 
district, and requires him to give bond ; he then receives 
the tax duplicate for his district, and a warrant authorizing 
him to collect the taxes named in the duplicate. The 
tax duplicate shows the assessment of each person in the 
district, and the amount of county, road, and poor tax each 
must pay for that year. At the March meeting of the fol- 
lowing year the Levy Court and the Tax Collectors make 
their settlement. 

The Levy Court appoints annually in March the Con- 
stables for each district of the county for one year. It 
also appoints Trustees of the Poor (p. 59) in each county; 
and in Kent and Sussex counties it appoints Jail Commis- 



COUNTY GOVERNMENT 59 

sioners (p. 61) and appropriates a sum sufficient to main- 
tain the jail. 

Whenever insane persons are confined in the prisons, 
the Levy Court has the power to remove them from the 
prison to the almshouse or to the State asylum for the 
insane, where they may be cared for. 

All bills of the county must be approved and passed by 
the Levy Court before they can be paid. This is to insure 
the wise expenditure of the county money. 

The Levy Court has charge of all the public works of 
the county, such as the erection and repair of buildings, 
the building of bridges, roads, etc. It appoints annually 
" bridge tenders " to keep watch over the bridges. 

It is the duty of the Levy Court to keep in order the 
roads of its county. (See pp. 73-76.) 

The Levy Court may appropriate out of the county 
money such sums as the law may provide to institutions 
for the unfortunate, the poor, the sick, and the criminal or 
defective. 

The Levy Court must publish annually in December in 
pamphlet form a record of the expenditures of the county. 

Other County Boards 

Trustees of the Poor. — Each county has a board known 
as the Trustees of the Poor, whose duty is to have super- 
vision of the county almshouse and to give aid to poor 
people not in the almshouse. 

The Trustees are appointed by the Levy Court. The 
term in Kent county is two years ; in New Castle and 
Sussex counties, three years. 

In New Castle county there are fourteen Trustees. 
They receive $3 a day for twelve meetings a year, and 
their mileage. They meet on the last Wednesday of each 



60 COUNTY GOVERNMENT 

month. The Receiver of Taxes and County Treasurer is 
also the treasurer for the Trustees of the Poor. The 
county almshouse is situated at Farnhurst. 

In Kent county there are ten Trustees of the Poor, one 
from each Representative district. They receive $2 a day 
for twelve meetings a year, and their mileage. The county 
almshouse is situated near Dover. The Trustees elect one 
of their members as Treasurer of the Poor to serve for 
one year. He has charge of all the moneys for the care 
of the poor in Kent county. He receives the same salary 
as the other Trustees, and 2 per cent on his disbursements. 

In Sussex county there are ten Trustees of the Poor, 
one from each Representative district. They receive $1 
per day for the meetings they attend, and their mileage. 
The County Treasurer of Sussex county is the treasurer 
of the Trustees. The county almshouse is situated near 
Georgetown. 

The Trustees of the Poor in each county receive from the 
money raised as poor tax sufficient to support the inmates 
of the almshouse. The farms connected with the alms- 
house are a source of revenue. At their discretion the 
Trustees may receive homeless or poor persons into the 
almshouse, and they also have the power to grant aid to 
other needy persons in their county not in the almshouse. 

County School Commission. — The nature and duty of this 
board are treated in the chapter on Education, p. 215. 

Trustees of Workhouse. — It is necessary that each 
county shall have some place in which to confine such per- 
sons as have transgressed the law and have been condemned 
to a term of imprisonment by the courts. In New Castle 
county, persons sentenced to confinement are placed in the 
New Castle County Workhouse at Greenbank. This prison 
is a model institution. It was built at a considerable cost 



COUNTY GOVERNMENT 6 1 

according to the best plans for prison architecture. Prison- 
ers are each day assigned to some task in the large work- 
rooms, where garments are manufactured under contract. 
A large quarry on the grounds is operated with convict 
labor. A farm is connected with the workhouse, the work 
on which is done by convicts. 

The workhouse is under the control of a Board of Trus- 
tees composed of five members. They are chosen for a 
term of five years by the Judges residing in New Castle 
county. The Trustees receive no compensation for their 
services except mileage. They choose a Warden, who is 
in actual charge of the workhouse, a Deputy Warden, 
clerk, guards, and such other officers as may be necessary. 

The Levy Court pays to the Trustees 40 cents per day 
for each prisoner confined from New Castle county. The 
farm furnishes some of the supplies necessary for the 
workhouse. The quarry and the labor of the prisoners 
are a source of considerable revenue. 

By an act of the General Assembly in 1905 persons 
sentenced to imprisonment in Kent and Sussex counties 
may by order of the courts be confined in the New Castle 
County Workhouse. Prisoners sentenced for terms of 
some length are sent to the workhouse, and the Levy 
Court of the county from which they are committed must 
pay to the Trustees 40 cents per day for each prisoner so 
committed. As soon as the Trustees have paid off the 
bonded indebtedness of the workhouse this sum of 40 
cents per day must be reduced to such a sum as will actu- 
ally cover the cost of maintaining a prisoner. The Trus- 
tees make an annual report to the Levy Court of New 
Castle county. 

Jail Commissioners. — Kent county supports a county 
jail at Dover; Sussex county has a county jail at George- 



62 COUNTY GOVERNMENT 

town. Each jail is under the supervision of three Jail 
Commissioners, appointed by the Levy Court of their 
county for a term of one year. They receive a small sum 
annually, sufficient to pay the expense of attending the 
meetings of the board. 

The jail is under the direct charge of the Sheriff of 
the county. The prisoners are fed and clothed by him, 
and the Levy Court decides annually how much he shall 
receive per day for each prisoner in his charge. 

Clerk of the Peace 

The Clerk of the Peace is one of the most important 
executive officers of each county. He is elected for a 
term of four years on general election day by the voters 
of the county. In New Castle county this officer receives 
a salary of $4000 per year and 10 per cent of the fees of 
his office ; and appoints one deputy and three clerks to aid 
him in the duties of the office. In each of the two lower 
counties the Clerk of the Peace receives a salary of $1800 
per year and 33 per cent of all fees, and appoints one 
deputy. 

Duties. — The duties of the Clerk of the Peace are many 
and varied. Only the most important can be here enumer- 
ated. 

He is the clerk of the Levy Court and as such must 
keep all its books and papers and keep careful minutes of 
its proceedings. A copy of the minutes and proceedings 
of the Levy Court is sent once a year to the State Audi- 
tor at Dover. The Clerk of the Peace also prepares the 
revised assessment lists and tax duplicates for the Levy 
Court. His duties in connection with the Levy Court 
form the largest part of his work. 

He is the clerk of the Court of General Sessions (p. 185), 



COUNTY GOVERNMENT 63 

and of the Court of Oyer and Terminer (p. 184). He 
informs the -State Treasurer or State Auditor, as the law 
provides, what fines and forfeitures have been inflicted by 
these courts. At the direction of the Court of General 
Sessions he issues warrants to the Fence Viewers in each 
district allowing them to exercise the duties of their office. 

One of his important duties is to issue many State and 
all county licenses. The majority of business and pro- 
fessional men, manufacturers, keepers of places of public 
entertainment or amusement, must secure licenses from the 
county or State. Such licenses are granted by the Clerk 
of the Peace. In connection with the Court of General 
Sessions of his county he issues licenses to hotels and 
drinking places, and to wholesale dealers in liquor. He 
issues all marriage licenses in his county, and must des- 
ignate no less than six Justices of the Peace in his county 
who shall have the right to distribute marriage licenses. 
Each year he must publish a list of all the licenses he has 
issued during the year. 

Every two months he must certify to the State Treasurer 
the fees he has received, and must make settlement for 
the amount still due. He must deposit to the credit of the 
State Treasurer or County Treasurer, as the case may be, all 
money he receives as fees within seven days of its receipt, 
and must send to those officers the certificates of deposit. 

Nominations for public office must be certified to him 
within a certain time preceding the election, and he must 
keep a record of them. It is his duty to prepare from 
these nominations the ballot for the general election. He 
publishes the ballot in several newspapers of the county 
preceding the election. 

He draws the warrants for money to be paid out on bills 
approved by the Levy Court. 



64 COUNTY GOVERNMENT 

Prothonotary 

A Prothonotary is chosen on general election day for 
a term of four years by the voters of each county. In New 
Castle county he receives a salary of $3600 per year and 
10 per cent of the fees of his office, and appoints one 
deputy. In each of the lower counties he receives a salary 
of $1500 per year and 10 per cent of the fees of the 
office, and appoints one deputy. 

Duties. — The Prothonotary is the clerk of the Superior 
Court of his county (p. 179). In this capacity his duties 
are many and varied. He may issue process, take recog- 
nizances of bail, and enter judgments according to law and 
the customs of the court. He has the power to sign 
and affix the seal of the Superior Court to all writs and 
process of that court, to enter judgments at the request 
of plaintiffs upon the confession of defendants, to sign all 
judgments, to take the acknowledgment of the satisfaction 
of judgments entered on the records of the court, to ad- 
minister oaths and affirmations, and to take bail in civil 
cases pending trial in the Superior Court. 

He takes the " declarations of intention " of those who 
intend to become citizens of the United States, and prepares 
and attests petitions for admission to such citizenship. 

He keeps the election returns and election boxes delivered 
to him the day after the general election by the inspectors 
of elections in the various voting districts of his county, and 
must deliver them the second day after the election to the 
Superior Court, so that it may determine the result of the 
election throughout the county. 

Register in Chancery and Clerk of Orphans' Court 

A Register in Chancery and Clerk of the Orphans' 
Court is chosen on general election day by the voters of 



COUNTY GOVERNMENT 65 

each county for a term of four years. In New Castle 
county this officer receives $1500 as Register in Chancery 
and $1500 as Clerk of the Orphans' Court; he also re- 
ceives 10 per cent of the fees of his office, and he appoints 
one deputy. In each of the other two counties he receives 
$500 as Register in Chancery and $500 as Clerk of the 
Orphans' Court; he also receives 10 per cent of the fees 
of his office, and he appoints one deputy. 

Duties. — As Register in Chancery this officer is the 
clerk of the Court of Chancery. As Clerk of the Orphans' 
Court he keeps a record of the acts of the Orphans' Court. 
His duties as clerk of these courts are numerous; for a 
description of the courts, see pp. 183, 186. 

Recorder of Deeds 

A Recorder of Deeds is chosen on general election day 
by the voters of each county for a term of four years. In 
New Castle county this officer receives a salary of $3600 
per year and 10 per cent of the fees of his office, and he 
appoints one deputy and four clerks. In Kent county and 
in Sussex county the Recorder of Deeds receives a salary 
of $1500 per year and 10 per cent of the fees of his office, 
and he appoints one deputy. 

Duties. — It is the duty of the. Recorder of Deeds to 
make in the record books of his office a faithful copy of 
all deeds brought to him. All deeds to be valid must be 
thus recorded. 

He must record all mortgages, assignments, releases, 
agreements, and certificates of incorporation executed in 
his county. 

He must record all the private acts of the General 
Assembly, that is, acts relating to- private companies and 
banking concerns, etc., in his county. 

GOV. OF DEL. — 5 



66 COUNTY GOVERNMENT 

These records are open for inspection to the members 
of the bar free of any charge, but other persons must pay 
a fee if they wish to examine them. They are carefully 
preserved in the County Building, as they are of much im- 
portance to courts of law and to private individuals. 

Register of Wills 

A Register of Wills is chosen on general election day 
by the voters of each county for a term of four years. 
The Register of Wills of New Castle county receives a 
salary of $3600 per year and 10 per cent of all fees of 
his office, and appoints one deputy and one clerk. The 
Register of Wills of Kent county and the Register of 
Wills of Sussex county each receive a salary of $1500 and 
10 per cent of the fees of the office, and appoint one deputy. 

Duties. — Although the Register of Wills is chosen as a 
county officer he is also the judge of what is known as the 
Register's or Probate Court. He is the sole judge of this 
court and tries cases in his office and gives a decision with- 
out a jury. 

As his title signifies, his chief duty is in connection with 
the wills and estates of deceased persons. When a person 
dies and leaves a will, such will must be taken before the 
Register of the county and proved to be the last and true 
will of the deceased person. If the Register is satisfied 
as to the authenticity of the will, he grants to the person 
or persons or trust company named in the will the right 
to settle the estate according to the provisions of the will. 
If a person dies without leaving a will, the heirs apply to 
the Register to have him appoint some one to settle the 
estate according to the provisions of the law relating to 
the estates of those who die without a will. In either 
case the Register grants to the executor or administrator 



COUNTY GOVERNMENT 67 

" letters " empowering him to make legal settlement of the 
estate. 

All wills proved before the Register are carefully copied 
by him into the records of his office. 

If the persons interested in an estate are not satisfied 
with the decision of the Register in proving a will, or with 
the executor or administrator who has been empowered to 
settle the estate, they may appeal from his decision to the 
Superior Court of the county. The decision of the Supe- 
rior Court is final. 

Every executor or administrator must file an account of 
the settlement of the estate with the Register, who examines 
such report to determine if the executor or administrator 
has done his duty. Within three months of such settlement 
with the Register the executor or administrator must in- 
form the heirs or their guardians that his account is open 
for inspection at the Register's office. Should the heirs or 
their guardians be dissatisfied with the settlement of the 
estate, they may appeal to the Orphans' Court of the 
county, by which the account must be examined and settled 
according to the law. 

Controller 

New Castle county is the only county that, has a Con- 
troller. This officer is chosen every four years on gen- 
eral election day by the voters of New Castle county. His 
salary is $2500 per year, and he appoints one deputy. He 
is bonded for $10,000, to insure the faithful performance 
of his duties. 

Duties. — It is the duty of the Controller to audit the 
accounts of all the county officers except those of the Re- 
ceiver of Taxes and County Treasurer. At the intervals 
prescribed by law he examines carefully into the correct- 



68 COUNTY GOVERNMENT 

ness of the accounts of the various county officers and veri- 
fies the items. This is a most important duty, as it is a 
check to any attempt at fraud or dishonesty. He also au- 
dits the accounts of the district tax collectors, the books of 
the county hospital or almshouse, of the workhouse, and 
of the Levy Court. 

County bills must be approved by him before the war- 
rants may be paid by the Treasurer, and all warrants for 
the withdrawal of money from the regular county funds 
must have his signature. 

All contracts which the county has entered into are 
placed in his hands for safe keeping. 

Receiver of Taxes and County Treasurer 

New Castle county is the only county that has an officer 
by this name. He is chosen at the general election by the 
voters of New Castle county for a term of four years. He 
receives a salary of $4000 per year. He appoints one 
deputy and one clerk. He must give bond for $50,000. 

Duties. — This officer has in his charge all the county 
money. To him are paid all the revenues of the county, 
such as county, poor, and road tax, county license fees, etc. 

The Levy Court gives him, on or before the first day of 
July of each year, duplicates of the taxes to be collected 
in the districts. On receipt of these he has the receipt 
books for various districts printed, and transmits them to 
the district collectors. The district collectors hand over 
to him all the money collected by them as county, poor, 
and road tax. 

He collects at his office the county part of the city of 
Wilmington tax. 

He pays out money from the county treasury on receipt 
of proper warrants. The interest on the bonded indebted- 



COUNTY GOVERNMENT 69 

ness of the county he pays at his will when it falls due. 
He pays all court expenses on warrants drawn by the Clerk 
of the Peace which have been properly approved. All 
checks or warrants for' the withdrawal of money from the 
funds in his charge must have his signature. 

His accounts are audited each year by a committee ap- 
pointed by the resident Associate Judge of New Castle 
county. 

County Treasurer 

Kent and Sussex counties each have a County Treas- 
urer, chosen for a term of two years on general election 
day by the voters of the county. In Kent county his 
salary is $800 ; in Sussex county it is $900. 

Duties. — The County Treasurer is the custodian of the 
county money. In Sussex county the County Treasurer 
is also Treasurer of the Poor. 

He receives the taxes from the district collectors and 
keeps an account with each collector. He receives all the 
other revenues of the county. All money received by him 
must be deposited in bank within seven days of its receipt. 

He must pay all witnesses and juries on the presenta- 
tion of properly certified warrants. He pays out money 
for county expenses on warrants properly drawn, approved, 
and certified. 

Every year he makes a settlement of his accounts with 
the State Auditor. 

Treasurer of the Poor 

This office exists only in Kent county (see p. 60). 

Sheriff 

The Sheriff is chosen in each county on general election 
day for a term of two years. In New Castle county the 



JO COUNTY GOVERNMENT 

Sheriff receives $3600 per year and 10 per cent of the fees 
of his office, and appoints three deputies. In Kent county 
the Sheriff receives $2000 per year and 10 per cent of all 
fees of the office, and appoints one deputy. In Sussex 
county the Sheriff receives $2000 per year and 10 per cent 
of all fees, and appoints one deputy. 

Duties. — The Sheriff is the chief executive peace officer 
of the county, and is particularly the servant of the courts. 

He notifies the Chief Justice of all persons who have 
been committed to prison for capital crimes or manslaughter. 
He notifies the Court of Oyer and Terminer of all persons 
who have been committed for capital offenses ; he notifies 
the Court of General Sessions of all persons committed for 
other crimes. 

He attends the sessions of the courts in his county so 
as to carry out their commands. As the servant of the 
courts he has many duties which, though important, are 
too numerous to enumerate. 

In Kent and Sussex counties the Sheriff has charge of 
the jail and of the prisoners confined in it. It is his 
duty to see that the prisoners are properly fed and cared 
for, and to take the proper precautions to prevent their 
escape. 

If a person is condemned to death in Kent or Sussex 
county, the Sheriff of the county executes the sentence of 
the court. The warden of the workhouse conducts the 
executions in New Castle county. 

The Sheriff conducts all sales of property ordered by 
the courts or proper officers, but he is debarred by law 
from buying anything at these sales. 

When the public safety requires it, he may swear in 
additional deputies. 

Before the general election he delivers to the inspec- 



COUNTY GOVERNMENT J\ 

tors of election in the various voting districts the ballot 
boxes, poll lists, and the other papers required by law. 

Coroner 

A Coroner is chosen on general election day by the 
voters of each county for a term of two years. In New 
Castle county he receives a salary of $1200 and 10 per 
cent of the fees of his office, and appoints one deputy. 
The Coroner of Kent county receives $1000 per year and 
10 per cent of the fees of his office ; and the Coroner of 
Sussex county receives $600 per year and 10 per cent of 
the fees of his office. 

Duties. — In cases of death under the following condi- 
tions, the Coroner must hold what is called an inquest over 
the body: 

1. If the person dies in prison. 

2. If the person is slain. 

3. If the person dies an unnatural death (except when 
executed by law). 

4. If the person commits suicide. 

5. If the person dies under suspicious circumstances. 
The purpose of the inquest is to discover the cause of 

the death of such a person. The Coroner is notified when 
his services are needed, and with the aid of a jury he holds 
the inquest. In New Castle county the Coroner's jury 
consists of not more than nine nor less than six men ; in 
Kent and Sussex counties the jury consists of not less 
than twelve nor more than twenty-three men. The Coro- 
ner chooses responsible men to serve on such a jury, and 
each juror is under oath to perform his duty faithfully. 

The Coroner has the power to call witnesses to testify 
at an inquest, and may compel persons to attend. He 
has the right to majte all inquiry necessary to discover the 



72 COUNTY GOVERNMENT 

cause of the death. If the dead person's body has been 
buried, the Coroner has the right to disinter it. After 
thorough examination and inquiry the jury renders a ver- 
dict as to the cause of the death. If it is found that 
any individual was directly or indirectly the cause of the 
death, the Coroner must arrest him or have him arrested, 
unless the jury's verdict is that the slayer acted in self- 
defense or accidentally. Persons arrested by the Coroner 
as the result of an inquest may be admitted to bail by 
him if the offense is a bailable one. 

The Coroner must deliver to the Attorney General the 
papers, records of examinations of witnesses, verdict of jury, 
etc., of all inquests held by him. 

If the office of Sheriff becomes vacant, the Coroner per-' 
forms the duties of that office and has the same powers as 
if he had been regularly elected Sheriff. 

County Superintendent of Schools 

The duties of this officer are discussed in the chapter on 
Education, pp. 216, 217. 

Sealer of Weights and Measures 
Each county has a Sealer of Weights and Measures, 
appointed by the Governor for a term of four years. He 
receives a salary of $175 per year and fees in New Castle 
county; $125 a year and fees in Kent county; and $150 
a year and fees in Sussex county. 

Duties. — It is the duty of the Sealer of Weights and 
Measures to test the scales, weights, and measures in use 
in his county by those who buy from or sell to the people. 
All weights and measures in use must correspond with 
the standard weights and measures in his possession. 
After he has examined weights and measures and finds 
them correct, he stamps them with his official stamp. 



COUNTY GOVERNMENT 73 

The Building and Repairing of Roads 

The needs of our times demand that the roads in each 
county be kept in the best possible condition. The manner 
of building and repairing roads in New Castle county is so 
different from that in Kent and Sussex counties as to re- 
quire a separate discussion. 

In New Castle County 

The Levy Court has charge of the roads. It decides 
what new roads are to be built and what repairs are to be 
made throughout the county. It decides each year how 
much shall be spent for new roads ; if it decides to spend 
$10,000 or more for new roads in one year, it receives 
$10,000 additional from the State that year to aid in their 
construction. Should the Levy Court decide to spend less 
than $10,000 on new roads, it receives nothing from the 
State. 

The Levy Court decides each year what repairs shall 
be made to old roads in the various districts. Knowing 
what sum is required for new roads and repairs, it fixes the 
road tax rate for that year. The tax rate must be uni- 
form throughout the county. For building the roads and 
keeping them in repair it has a regular organization, includ- 
ing the State Highway Commissioner, the County Super- 
visor, the County Engineer, and the district Supervisors. 

The State Highway Commissioner is appointed by the 
Governor for a term of four years. He receives a salary 
of $1000 a year. 

It is his duty to study the various methods of building 
new roads and to acquaint himself with the approved 
methods of road construction. Whenever the Levy Court 
decides to build a new road, the Highway Commissioner 
prepares the plans for the road and has charge of its con- 



74 COUNTY GOVERNMENT 

struction. He may appoint a supervisor to have actual 
charge of the construction of the road at a salary of $3 a 
day. This supervisor is in office only until the road is com- 
pleted. After the completion of the new road the Highway 
Commissioner turns it over to the Levy Court. He makes 
a biennial report to the General Assembly. 

The County Supervisor is appointed by the Levy Court 
for a term of four years. His salary is fixed by the Levy 
Court. 

After a new road built by the Highway Commissioner 
has been turned over to the Levy Court, it is the duty of 
the County Supervisor to keep such road in repair. He 
acts under the direction of the Levy Court. 

The County Engineer is appointed by the Levy Court for 
a term of four years. His salary is $2500 a year. He 
may at any time be removed from office by the Levy Court 
for cause. He appoints his own clerk. 

The County Engineer is in direct charge of all roads of 
the county except those which have been built by the 
Highway Commissioner. It is his duty in the month of 
April each year to report to the Levy Court what repairs 
he has made to roads, bridges, and causeways during the 
past year, and at the same time he recommends what 
repairs should be made the coming year. The Levy Court 
considers this report, uses it in determining the tax rate for 
road purposes, and then authorizes the County Engineer 
to make such repairs as it may think proper. These re- 
pairs he proceeds to make through the Supervisors in the 
various districts. The Supervisors are directly responsible 
to the County Engineer, and he must approve all their 
bills before they go to the Levy Court. 

Supervisors. — The Levy Court appoints in each district 
one Supervisor for a term of one year at a compensation 



COUNTY GOVERNMENT 75 

fixed by the Court. It is the duty of the Supervisor to 
make under the direction of the County Engineer such 
repairs as he may order. The Supervisor may make no 
repairs without orders from the Engineer except in cases 
where the repairs must be made at once, as after a storm. 

In Kent and Sussex Counties 

The Levy Court. — The roads in Kent and Sussex coun- 
ties are under the direct supervision of the Levy Court. 
The Levy Court Commissioner from each district goes over 
the roads of his district carefully and notes what repairs 
should be made. From these reports the Levy Court de- 
cides how much shall be spent on the roads the coming 
year, and then fixes the tax rate. This rate must be uniform 
throughout the county. This money is then apportioned 
among the various districts in the county by the Levy 
Court, and is at the disposal of the district for the repair 
of the roads. 

The Levy Court appoints in each district a number of 
" Overseers of Roads " for a term of one year at a com- 
pensation fixed by the Court. The number of Overseers 
varies in the different districts. It is the duty of these 
Overseers to make the repairs to the roads of their districts, 
usually at the direction of the Levy Court Commissioner 
of the district. 

Whenever a district in either Kent or Sussex county 
wishes to raise more money for its roads than the county 
road tax rate will provide, it notifies the Levy Court, 
through its Levy Court Commissioner, of the desired 
additional tax. Such additional tax is collected at the 
same time and in the same way as the regular county 
road tax in that district. Whatever sum a district raises 
by such special tax entitles it to receive an equal sum from 



7 6 



COUNTY GOVERNMENT 



the State, provided that the sum which any one district so 
receives from the State shall not be over $1000 any- 
one year. A district raising a special tax of $400 would 
therefore receive $400 from the State ; one raising $1500 
by special tax would receive only $1000 from the State. 

In all three counties the Levy Court may grant a citizen 
the right to improve a road at his own expense. Special 
acts of the General Assembly are often passed to meet 
certain conditions or to improve a particular road or 
roads. 

SUPPLEMENTARY QUESTIONS 

1. Who are the county officers in your county? 

2. In case you sold a piece of land or a house, how should you record 
the deed and why should you record the deed? 

3. If a county bridge is destroyed by fire or otherwise, who would 
build a new one? 

4. If a road is to be repaired, show how and by whom it would be 
done. 



The State 
Government 



The Legislative 
Department. 



The Executive 
Department. 



The Judicial 
Department. 



Preamble and Bill of Rights. 
The House of Representatives. 
The Senate. 

How a Bill becomes a Law. 
Powers and Limitations of the 
General Assembly. 

The Governor and 
Lieutenant Governor. 

Other Executive Officers. State 
Boards and Institutions. 

Revenue and Taxation. 

Education. 

The Courts. 

Impeachment and Treason. 



How our Elective Officers are chosen. 



CHAPTER VI 
THE PREAMBLE AND BILL OF RIGHTS 

Preamble. — Our constitution opens with a preamble in 
which are set forth certain ideas which are fundamental in 
our State government. It states clearly that the aim of 
the provisions of the constitution is to further the happi- 
ness and welfare of a free people, and that all power lies 
in the people, such power being their birthright as citizens 
of this State and nation. It further guarantees to the 
people the right to alter the constitution whenever they 
think their welfare and the continuance of their happiness 
and safety may require such changes. 

Bill of Rights. — The Bill of Rights comprises the 
entire first article of the constitution. It is an enumera- 
tion of the specific rights of the citizens of this State. 
The rights and privileges mentioned in the nineteen sec- 
tions are those which the makers of the constitution be- 
lieved necessary for the happiness, security, and prosperity 
of the people of the State. They are rights to be cherished 
and guarded, to be exercised at all times by an individual 
with due respect for the rights and privileges of others. 
As a people we may feel proud of these rights and may 
think ourselves most fortunate to be able to live in a State 
and country where such rights are guaranteed to the 
citizens. These rights enumerated below were secured for 
the people of Europe and America by years of strife and 
battle. Each one has a history, and now through this 

77 



yS STATE GOVERNMENT 

constitution they are guaranteed to the people of the State. 
In one sense the people of each American commonwealth 
may regard themselves as the heirs of the centuries of 
political and religious strife. In order that these rights 
may not be violated in any way the Bill of Rights closes 
with the clear statement that the General Assembly may 
make no laws impairing or diminishing these privileges. 

Section i. — It is one of the fundamental principles of 
our government that Church and State shall be separate 
institutions. The General Assembly may pass laws to 
further the interests of religion in general, but it may not 
establish a State religion. In England the State church 
is the Church of England ; in Russia, the Greek Catholic 
Church. In Delaware all religious denominations stand 
equal before the law. All religions are tolerated so long 
as they do not teach doctrines against the law. In no 
way may there legally be discrimination in favor of any 
religion. 

It is the duty of all men to gather together at certain 
times for public worship ; for it is through divine goodness 
that we enjoy the happiness of a free people. No man, 
however, may be compelled to attend any form of public 
worship, nor may he be compelled by law to support by 
money or otherwise any church or church institution. 
Such support and attendance must be voluntary. Every 
citizen may hold unmolested any religious opinions and 
may preach and carry into practice such opinions so long 
as he disobeys no laws and does not interfere with the 
rights of his fellow-men. 

Section 2. — So far as the constitution is directly con- 
cerned no one on account of his religious views may be 
kept from holding an office under the State. No religious 
test whatever is required as a qualification for public 



BILL OF RIGHTS 79 

office. The citizens who vote for a public officer know 
his character and his beliefs and should base their vote on 
such knowledge. It would be a great injustice to require 
men to hold certain religious opinions as a qualification 
for office. 

Section 3. — "All elections shall be free and equal." 
This is generally interpreted to mean that no price shall 
be demanded for the right to vote itself, that the elections 
shall be open to all who possess the requisite legal quali- 
fications, and that one vote shall count as much as any 
other, irrespective of who may cast it. 

Section 4. — Every individual has the right to have his 
cause tried by a jury. It is one of the basic ideas of our 
government that no one shall be deprived of life, liberty, 
or property until a jury of his fellow-citizens shall find 
that he has by his conduct forfeited them. This is one 
of the most precious rights of a people ; for in more than 
one country to-day men are deprived of life, liberty, and 
property at the command of one man, their sovereign 
or king. Every cause in Delaware must be tried by due 
process of law. 

Section 5. — No man who speaks, writes, or prints the 
truth without malice may be interfered with. The right of 
the free expression of individual opinion is one of the 
safeguards of republican government ; if an officer is false 
to his trust, if a corporation encroaches on the rights of 
the people, they may be criticised by individuals and by the 
press and may be called to account for their actions. On 
the other hand it is necessary that neither individuals nor 
the press shall make statements which are not true and 
which work injury, without being compelled to account for 
them. Were such slander or libel allowed, a man's repu- 
tation would not be safe from the attacks of malicious 



80 STATE GOVERNMENT 

persons. If an individual or a newspaper makes a state- 
ment which injures a person or a corporation, the in- 
jured party may compel such individual or newspaper to 
prove the truth of such statement in the courts. If such 
statements cannot be proved true, the party or parties 
who made them are guilty of slander or of libel and may 
be punished by the courts. 

In certain despotic countries all books and newspapers 
must be passed on by a government censor before they 
are published and he may suppress any news or books he 
may wish to keep from the people ; in such countries it is 
not uncommon for men to be imprisoned for a mere criti- 
cism of the government or to be deported to some inhos- 
pitable country to work without pay in the mines. 

Section 6. — A search warrant is a document issued by 
an authorized magistrate allowing a public officer to search 
a man's person, property, or papers. No such warrants 
may be granted unless the articles to be searched for are 
carefully described, and the application for the warrant 
is supported by oath or affirmation. No man may be 
arrested and deprived of his liberty without just and suffi- 
cient cause. This section prevents searches that are 
unwarranted by circumstances and prevents arrests except 
when there is clear information against a man, supported 
by the oath and affirmation of the accuser. Of course, 
certain officers of the law, such as policemen and consta- 
bles, have the privilege, under certain limitations, of arrest- 
ing individuals whom they discover engaged in unlawful 
or suspicious actions. 

Section 7. — Whenever a man is accused of a crime or 
some other unlawful action he has the right to speak in 
his own defense at the trial, and may have the services of a 
lawyer to plead his cause and to conduct his defense. In 



BILL OF RIGHTS 8 1 

very important criminal cases, if the accused is unable to 
employ a lawyer for himself, it is the duty of the court 
(the Judge) to assign one to conduct the defense. The 
accused person must be informed of the accusation against 
him so that he may have time to prepare his defense; and 
he has the right to be present at his trial and to hear and 
see all the witnesses against him. He has the right to 
bring into the court witnesses in his favor, and if any man 
whose testimony he believes would be favorable to his cause 
refuses to come into the court to testify, he may invoke the 
law and compel such person to testify. All accused per- 
sons have the right to demand a speedy and public trial 
so that they need not, if innocent, stay in prison or rest 
under the charge longer than absolutely necessary. During 
the trial the accused need not answer any questions which 
would incriminate him, nor can he be compelled to give 
any evidence against himself. No person can be impris- 
oned or deprived of his life, liberty, or property unless by 
the judgment of a jury or by the law of the State or nation. 

Section 8. — Accused persons may be proceeded against 
in two ways : a grand jury may find a "true bill" against the 
accused, or the prosecuting officer may charge the accused 
with the crime in a written paper presented to the court. 
This latter method is called "proceeding by information." 
The constitution states that no person shall for an indict- 
able offense be proceeded against by information except 
in certain cases. 

All important charges of a criminal nature against a 
man are presented to a grand jury, and if it finds the evi- 
dence sufficient it formally indicts him of the offense and 
issues a true bill. If the grand jury finds the evidence 
insufficient to hold the accused, the indictment is "ignored" 
and the man is not proceeded against in the courts. 

GOV. OF DEL. — 6 



82 STATE GOVERNMENT 

In all cases arising in the land and naval forces, or in 
the militia when in actual service in time of war or public 
danger, persons may be proceeded against on information. 
During times of great public danger it is necessary that 
such criminal accusations be tried with all possible speed 
so that the interests of the whole people may be safe- 
guarded. Election offenses in this State are prosecuted 
on information. Prosecutions in the Municipal Court of 
Wilmington are on information. 

" No person shall be for the same offense twice put in 
jeopardy of life or limb." This means that if a person 
has been accused of crime and tried for it in the courts 
and found not guilty, he can never be tried for the same 
crime again. After he has been acquitted, new evidence 
sufficient to convict him may be discovered, but he can- 
not be tried again. If a guilty man is not convicted, it is 
supposed not to be the fault of the law, but the lack of 
evidence sufficient to convict the accused. If the jury dis- 
agrees at the first trial, the accused may be tried again 
until he is found either guilty or innocent. If there was 
an error in the first trial, the lawyer for the defense may 
at the close of that trial endeavor to secure from the 
Supreme Court a "writ of error." If the Supreme Court 
grants the writ of error, the case must be retried. 

No private property may be taken or applied to public 
use without the consent of the owner or his representatives, 
and then only if due compensation is made. Whenever 
private property is taken for public use, and agreement 
cannot be reached as to what is a just price for such prop- 
erty, the court may appoint a committee, which usually 
consists of three persons, to decide what price shall be 
paid. 

The General Assembly possesses the right of eminent 



BILL OF RIGHTS 83 

domain ; that is, it may take private property for public 
use, or it may grant by law to corporations, such as rail- 
road companies, etc., the right to take private property for 
their use. Such companies are supposed to aid the com- 
mon welfare, and private interest cannot stand in their 
way. Such right, however, is carefully defined by the acts 
of the Assembly so that corporations may not work injus- 
tice, and in all cases in which such corporations take 
private property, due compensation must be made to the 
owner. The State may by act of the General Assem- 
bly take private property for State purposes, but in all 
such cases due compensation must be given to the owner 
of the property. 

Section 9. — The courts are open to all, and any person 
who feels that his reputation or his property has been injured, 
may carry such injury to the courts. All such cases must 
be tried as speedily as possible, so that the reputation and 
interests of the injured person may be protected. The trial 
of a case must not be made more expensive than is nec- 
essary for the sake of justice, so that the poor as well as 
the rich may have redress for the wrongs done them. 
Every case must be tried in the county in which it was 
commenced, as in most cases justice can be best adminis- 
tered in such county. When, however, public feeling is 
much aroused concerning a case, and a fair trial is thus im- 
possible in that county, the judges of the court in which 
the case would be tried may at their discretion transfer the 
cause to the proper court in another county. In every 
way our constitution demands that justice be given to 
every man. 

Whenever a citizen has a grievance against the State, 
he may bring suit against the State under such limitations 
as are provided in the statute law. 



84 STATE GOVERNMENT 

Section 10. — Conditions may arise under which it be- 
comes necessary that a certain law be made inoperative for 
a time. In times of great public danger, during a war, or in 
a financial panic, it has been found well to suspend certain 
laws for the sake of the public safety or to relieve the 
immediate distress. When necessity arises, the General 
Assembly, and it alone, has the power to suspend the law. 

Sections n and 12. — An individual arrested for an offense 
may by giving bail usually secure his freedom until the 
trial of the case. If the person is arrested for a crime pun- 
ishable by death and there is positive proof of his guilt, or 
evidence that is almost sufficient to convict him, he may not 
give bail, but must remain in prison until his trial. This 
provision prevents persons who are guilty of offenses pun- 
ishable by death from fleeing to places beyond the reach of 
the courts when out on bail. On being arrested for a crime, 
the accused is taken before a magistrate, who hears the 
charge against him. If the accused is committed and if 
the offense is a bailable one, the magistrate fixes the bail. 
In fixing the bail, the magistrate uses his own judgment, 
fixing it at a sum commensurate with the offense. A friend 
of the accused or any responsible person or surety com- 
pany may give bail for the prisoner by pledging the 
required sum in money or real estate and by signing the 
bail bond. The accused person is then released until his 
trial takes place ; but if he cannot secure the required bail, 
he is placed in prison until the trial of the offense. If a 
person who is out on bail does not appear at his trial, the 
person who gave bail for him forfeits the amount of the 
bail bond. No excessive bail may be required for an ac- 
cused person, else the bail might be made so high by the 
magistrate as to preclude any efforts of the accused to 
secure his temporary freedom. The right of an individual 



BILL OF RIGHTS 85 

accused of crime to secure his temporary freedom by giving 
bail is a most important one, for it prevents persons who 
may be innocent of the charges against them from being 
placed in a prison. 

Whenever a person is imprisoned for any offense, his 
friends and his counsel must be allowed to see him before 
his trial to give him comfort or to aid him in preparing 
his defense. 

According to our laws, certain offenses are punishable 
by fines only, some by fine or imprisonment, others by 
both imprisonment and a fine. Section 11 states that no 
excessive fines shall be imposed. In determining the fine, 
the magistrate or judge is guided by the nature of the 
offense and by the regulations laid down in the common 
and statute law of the State. 

The prisons of the State must be built in such away 
as to provide reasonable comfort for the inmates. It 
would be inhuman to confine men in a prison where they 
might contract disease and impair their health. A prison 
is a place to keep men who have forfeited their liberty, 
and the confinement prevents them from inflicting further 
injury on the community ; but it is not a place to inflict 
torture on the body. Some of the old prisons in America 
and Europe were buildings not really habitable, and they 
became breeding places of disease. Section 1 1 provides 
that no cruel punishments shall be inflicted on the prison- 
ers. It was a common custom not many years ago in 
Europe to inflict all kinds of tortures on persons accused 
of crime in order to make them confess. The rack, the 
iron boot, thumbscrews, and other instruments of torture 
were no small part of the equipment of early European 
prisons. The whipping post is still used as a means of 
punishment in Delaware, but its use is regulated by the law. 



S6 STATE GOVERNMENT 

Section 13. — A writ of " habeas corpus "is an order 
granted by a judge ordering a prisoner to be brought 
before the court. A person may be accused of a crime 
so serious and the evidence may be so strong that the com- 
mitting magistrate may not allow him his liberty on bail. 
In such cases the counsel of the accused may ask the 
court to issue a writ of habeas corpus. This writ is 
always granted. The accused is brought into court, and 
the court proceeds to examine the evidence against him. 
If it finds the evidence insufficient to hold him, it frees 
him; if the evidence seems fairly strong, the court may 
allow him to give bail or may send him back to prison. 
In cases of capital crime, if the evidence is strong, the 
prisoner is again sent to prison. The writ of habeas 
corpus is also used to bring children into court so that the 
court may decide who has the right to them. It may be 
used also to bring into court persons confined in insane 
asylums, so that the court may decide if the person is 
really insane or if he is being wrongfully confined. 

In short, the purpose of the writ of habeas corpus is to 
prevent people from being illegally deprived of their 
liberty. This is a very precious right of the people ; it 
was first confirmed to the English people by King John 
in 1 21 5 in the Magna Charta, the document which is the 
first source of so many rights enjoyed by English-speaking 
people to-day. The constitution guarantees to the citizens 
of Delaware the right to the writ of habeas corpus, but 
declares that this privilege may be suspended in time of 
rebellion or invasion or whenever the public safety may 
require it. During such times the public safety demands 
that persons suspected of crime or treason, even though 
the evidence may not be very strong in some cases, shall 
be imprisoned so that they cannot work any mischief. It 



BILL OF RIGHTS 8? 

is possible that at such times persons may be wrongfully 
imprisoned, but the safety of the majority then justifies a 
possible injury to the few. 

Section 14. — In the old days in England the king could 
issue to judges commissions of Oyer and Terminer and 
of Jail Delivery. A commission of Oyer and Terminer 
gave a judge the right to try, sentence, and have executed 
persons accused of crimes punishable by death. A com- 
mission of Jail Delivery gave the judge the right to go 
from place to place to try all persons confined in the 
jail, to release those not guilty, to return to prison those 
found guilty. These commissions worked much harm to 
the rights of the people, and real justice was often not 
given. To prevent such a condition arising among us, the 
constitution declares that no commission of Oyer and 
Terminer or Jail Delivery shall be issued. The method 
of calling the Court of Oyer and Terminer in our State 
is prescribed by the statute law. 

Section 15. — Under the old English law, persons who 
were found guilty of certain high crimes were deemed 
unable to hold any property. What property they owned 
went into the treasury of the state or of the king. The 
children of the accused, as well as the accused, were 
supposed, under the law, to have their blood tainted by 
the crime, and they were not able to inherit property, 
their inherited property and money going into the treas- 
ury. This law was evidently so unjust that our con- 
stitution provides that no person found guilty even of 
high crimes may be thus deprived of property longer than 
during his term of life. At his death the property falls 
to his legal heirs. 

In like manner in old England the property of suicides 
or of persons killed by accident went into the state treas- 



88 STATE GOVERNMENT 

ury or that of the king. Our constitution states that in 
such cases the property shall fall to the legal heirs. 

Section 16. — It is the clear duty of the citizen to obey 
all the laws of the State. The fact that a man believes 
a law to be unjust or unduly severe does not excuse him 
from obeying it. The refusal of a part of the people to 
obey certain laws which they think unjust, always breeds a 
feeling of disrespect for the law in general and may lead 
to scenes of disorder. In towns or cities or in any com- 
munity, the people or a part of them may become dissatis- 
fied with the course pursued by those in authority in the 
community ; as good citizens, nevertheless, it is necessary 
that they must obey the local as well as the State law. 

It is the right of the people or any part of them, under 
the conditions described above, to petition the General 
Assembly or the local authorities to consider their objec- 
tions or to grant their requests. Petitions may be presented 
to the General Assembly asking for the repeal of an old 
law or the amending of it so that it may be acceptable. 
The local authorities in each county may be petitioned to 
grant the wishes of the people. The constitution clearly 
grants this right to petition, and it is the duty of legislative 
bodies and executive officers petitioned to consider care- 
fully the demands of the petitioners. The right to petition 
for the righting of a wrong or for the granting of a privi- 
lege is one of the most powerful weapons of a people. 
Petitions are very often presented to aid unworthy causes, 
but such misuse of the right must not allow men to think 
lightly of this powerful weapon for the defense and reten- 
tion of their rights. 

Section 17. — The standing army of a country or state 
is the body of men who are constantly under arms to 
defend the people against invasion, insurrection, or rebel- 



BILL OF RIGHTS 89 

lion, and to put down any disorder which may arise in the 
state. The great danger in supporting armies in time of 
peace is that they may grow too large and thus become a 
heavy burden on the people. Many European countries 
have standing armies so large that a considerable part of 
the tax revenue is needed to support them. To avoid 
any such condition in our country, the United States con- 
stitution and the laws made in accordance therewith by 
Congress provide for two armed bodies — a regular army, 
and a volunteer force known as the organized militia. The 
regular army is supported by the United States govern- 
ment, and the number of men in it is fixed by Congress ; 
it now consists of about 80,000 men continually under 
arms. The organized militia is the volunteer or reserve 
force, and each State makes appropriation for its support. 
This organized militia is composed of citizens engaged in 
the ordinary vocations of life; and, except when in service 
or in encampment, they serve without pay. They are 
regularly drilled in the use of arms, and are ready at 
short notice to obey the Governor's call to the seat of any 
trouble. 

As the United States government supports a regular 
army sufficiently large to protect the interests of the 
country as a whole, our State constitution provides that 
no standing army shall be kept up by Delaware without 
the consent of the General Assembly. It also provides 
that the organized militia shall always be under the direc- 
tion of the civil power of the State. The organization 
of the Delaware organized militia is discussed in a later 
chapter. 

Section 18. — In time of peace no soldier may be sta- 
tioned in a private house unless by the consent of the 
owner, It was once the custom in European countries 



> 



90 STATE GOVERNMENT 

and in America in the early days to station soldiers in 
private houses, and the occupant was compelled to feed 
and lodge them. This section prevents such injustice in 
time of peace. In time of war, should the soldiers of our 
own army be in one of our towns, the magistrate of the 
town may, under the regulations prescribed by law, lodge 
the soldiers in private houses. Good citizens do not object 
to this in the emergencies of war, for the soldiers are 
there to protect them and their property, or at least are 
fighting in the common defense. 

Section 19. — An hereditary distinction is a title of honor 
which, at the death of the possessor, falls to the oldest son 
or to the nearest male relative. An hereditary office is 
one which is transmitted in like manner. Such hereditary 
titles and offices are granted in many countries, but our 
constitution expressly provides that such cannot be granted 
by this State. No office may be held by an individual longer 
than during good behavior. No officer of this State may 
accept any office or title from any king, prince, or foreign 
state. This latter provision prevents foreign rulers or 
states from influencing our State officials in their favor 
by granting titles or offices to them. Private citizens are 
not forbidden to receive such hereditary titles or offices. 



CHAPTER VII 
THE HOUSE OF REPRESENTATIVES 

The Lawmaking Power in our commonwealth is vested 
in the General Assembly, composed of two separate bodies 
of men — the Senate and the House of Representatives. 
The bodies are entirely separate, yet in all matters must 
act together before their acts become laws of the State. 
This plan of having two distinct bodies in the lawmaking 
assembly is a European idea : the two-house plan is based 
on the belief that legislation is bound to be saner, wiser, 
and better if it has to be passed by two bodies of men than 
if by only one. Unwise bills may pass one house, but not 
pass the other, thus not becoming binding on the people. 
It is true, however, that sometimes good bills fail to be- 
come laws through the refusal of one house to pass them. 

The preamble of our constitution expressly states that 
all power lies in the people ; hence the laws must be made 
by them. As it is not possible in so large a section of 
country for the men to meet together to make the laws, 
they choose some of their own number to assemble to 
make the laws for them. These men, elected by the people 
to act for them, compose the General Assembly. 

The House of Representatives is, above all, the people's 
House ; the Representatives are chosen directly by the 
people and are of the people. Each Representative, 
living in the district from which he is chosen, knows it 
thoroughly, and when he attends the sessions of the As- 

9* 



92 STATE GOVERNMENT 

sembly he can act according to the needs of his district 
and of the State in general. 

Members. — The House of Representatives is composed 
of thirty-five members. There are ten Representatives 
from Sussex county, ten from Kent county, and fifteen from 
New Castle county. New Castle county has more mem- 
bers in the House on account of its large population, 
having about half the population of the State. Of the 
fifteen members from New Castle, ten are from the coun- 
try districts and five from the city of Wilmington. 

Qualifications of Members. — No person can be a Rep- 
resentative who is not twenty-four years old ; as a rule, he 
must have been a resident of the State three years next 
preceding his election, and the last year of these three a 
resident of the district from which he is chosen. If he 
has been out of the State on business of the State, or of 
the United States, such absence is not a disqualification. 
A citizen of Delaware holding some State or United States 
government office in a foreign country, or in another State 
of the United States, may be elected a Representative 
from his home district in Delaware. Delawareans acting 
as Ministers or Consuls to foreign countries, or in the 
government employ at Washington or elsewhere, come 
under this class. No person who has held the office of 
State Treasurer can be elected a Representative until he 
has made his annual reports and has made final settle- 
ment of his accounts with the State. No one who has 
been convicted of embezzlement of public money, brib- 
ery, perjury, or any infamous crime, can be chosen as a 
Representative. 

Every community should exercise great care in selecting 
its Representative. This is an important office, and the 
most suitable men in the community should be chosen to 



THE HOUSE OF REPRESENTATIVES 93 

represent the interests of the people. The office should 
not always go to the man who desires it. Very often 
worthy citizens declare their willingness to serve the com- 
munity if the people desire them to do so, but again, men 
are often candidates who desire the office for personal 
gain or mere honor. The salary of a Representative is 
very small, and as the attendance upon the sessions of the 
House takes a man from his regular business, too often 
those who would make the best Representatives do not 
desire the office. In such a case if the people urge upon a 
man their desire to have him represent their interests, 
he is often ready to sacrifice his personal affairs for the 
public good. 

Term and Salary. — The term of a Representative is two 
years. Each Representative district chooses one Repre- 
sentative at the general election every even year. The 
term begins the day after the election. Each Represent- 
ative during his term serves at one regular session of the 
General Assembly and such extra sessions as the Governor 
may call during his term. 

Each Representative receives $5 per day for each day 
of a regular session, and the same sum for each day 
of an extra session ; but if a regular session lasts more 
than sixty days or an extra session over thirty days, no 
pay can be drawn for the additional time. The Represent- 
ative who serves as Speaker of the House receives $6 a 
day instead of $5. The salaries and other expenses of 
each session are paid out of the State treasury, an act 
appropriating the money being passed near the end of the 
session. 

Besides their salary the members are furnished with 
stationery, postage, and desk supplies such as they may 
need during the session, but such supplies for each mem- 



94 STATE GOVERNMENT 

ber may not cost over $25 for a regular session and $10 for 
a special session. A Representative may take his allow- 
ance for supplies in money. The purchase of these sup- 
plies is in the hands of the Board of State Supplies. 

Sessions. — The General Assembly meets every two years 
in regular session. Under the constitution of 1897 the 
regular biennial sessions are held in the odd years and 
open on the first Tuesday of January. Special sessions 
may be called by a proclamation issued by the Governor, 
and such special sessions open on the day named in the 
proclamation. Under the present rules of the House the 
Representatives meet every day of the week except Sun- 
day, unless the House otherwise provides, the morning 
session opening at half past ten o'clock and the afternoon 
session at two o'clock. When the day of final adjourn- 
ment approaches, meetings may be held in the evening to 
finish the business before the House. 

It is not often that a regular session of the House lasts 
over sixty days or a special session over thirty days. This 
is ample time for the making of the laws necessary for the 
welfare of the State. The comparatively small popula- 
tion of the State demands that the cost of supporting the 
legislative body be as small as possible. 

Place of Meeting. — By Article II, Section 5, of the con- 
stitution, Dover is named the capital of the State. Here 
both the Senate and the House of Representatives hold 
their sessions in chambers set apart for them in the State 
House. In case of an insurrection or when the capital 
may be in the hands of an enemy in time of war, the As 
sembly may adjourn for the time to some other city 
which it may choose. Should Dover be visited by a gen- 
eral conflagration and the place of meeting destroyed, the 
Assembly may adjourn to some other place until a place of 



THE HOUSE OF REPRESENTATIVES 



95 



meeting is again provided in Dover. Should an epidemic 
of disease break out in Dover, the health and lives of the 
members would be endangered and the legislative function 
of the Assembly would be hampered ; hence it is provided 
that under such circumstances the Assembly may adjourn 
to some other place during the continuance of the epidemic. 
If the House of Representatives wishes to adjourn for 
more than three days, it must secure the consent of the 




Chamber of the House of Representatives 



Senate ; in like manner, should the Senate wish to adjourn 
for more than three days, it must secure the consent of the 
House. By this provision neither body can impair by pro- 
longed adjournment the rapid and useful enactment of 
laws. It becomes necessary at times for the House or the 
Senate or for both as a body to adjourn to some other 
place to examine the condition of State institutions or State 
works concerning which legislation is to be made. If such 



g6 STATE GOVERNMENT 

a visit is contemplated by either house, it must secure the 
consent of the other body. If both houses wish to go as 
one body, a joint resolution to that effect is passed by both 
houses. 

Vacancies. — Whenever a vacancy occurs in the House 
of Representatives through the failure of the district to 
elect a Representative at the regular election, or through 
the death, resignation, or ineligibility of the person elected, 
or otherwise, the vacancy is filled for the remainder of the 
term by a special election. If the vacancy happens during 
a session of the General Assembly, the Speaker of the 
House issues the writ calling for such special election ; if 
the General Assembly is not in session, the Governor 
issues the writ of election. 

Powers Peculiar to the House. — The House of Repre- 
sentatives has two powers which it alone can exercise : the 
power of proposing bills for raising revenue, and the power 
of impeachment. 

All bills for raising money through taxation or otherwise 
must originate in the House. Such bills, however, must 
also be passed by the Senate, which has the power to add 
amendments. It is proper that those who pay the taxes 
should through their direct representatives have the power 
to determine what and how heavy these taxes shall be. 

Impeachment is the formal and solemn accusation of 
breaking a public trust brought against a public officer. 
The House alone has the power to originate and pass a 
bill of impeachment. These two powers are discussed 
in succeeding chapters. 

Officers of the House. — The House of Representatives, 
according to a constitutional provision, must choose one of 
its members as the presiding officer, who is known as 
the Speaker. 



THE HOUSE OF REPRESENTATIVES 97 

Each House of Representatives decides what its other 
officers shall be. They usually are : 

Clerk, 

Reading Clerk, 

Enrolling Clerk, 

Chaplain, 

Attorneys, 

Sergeant at Arms, 

Page. 

All of these officers are chosen at the opening of each 
regular biennial session and hold office until the opening of 
the next biennial session. 

The Speaker. — As the presiding officer of the House, 
the Speaker puts all questions, rules upon all points of 
order, reprimands members at the request of the House, 
appoints all committees unless otherwise directed, and has 
all other powers usually possessed by a presiding officer. 
He has the right to vote on all questions, as he is a mem- 
ber of the House ; but when the yeas and nays on any 
question are called for, he must be the last one to vote. 
Whenever he wishes to leave the House Chamber or desires 
to vacate his chair for a time, he may appoint any member 
of the House to take his place, but such person must give 
up the Speaker's chair whenever the Speaker wishes to 
take his place again. The Speaker is chosen for a regular 
session only, but it is the custom to have him preside over 
all extra sessions which may be called before the next 
biennial session. 

This officer is a most important one, for on his knowl- 
edge of parliamentary law, his dignity and personality, 
will depend largely the order and decorum of the House 
and the speedy dispatch of business. He must be a man 

GOV. OF DEL. — 7 



98 STATE GOVERNMENT 

who can command the respect of his fellow-members ; he 
should be impartial and fair-minded, and at all times com- 
posed and at his ease. In the exercise of his duties he must 
continually keep in mind the usages of parliamentary law 
and be ever mindful of the rights of the individual members. 

The Clerk of the House is not a member of the House 
and has no voice unless the Speaker asks him for informa- 
tion. His duty is to keep the journal of the House and 
to have it printed at the end of the session. He keeps a 
record of all votes of yeas and nays. His office is an 
important one, for he must record all the acts of the 
House. His salary is not fixed by law, but usually is 
from $1200 to $1500 for a regular session and a propor- 
tionate sum for a special session. 

The Reading Clerk is not a member of the House and 
has neither voice nor vote on any question. His duty is to 
read all bills, notices, and messages to the House. Each 
bill is at the proper intervals read by him to the House 
three times. He reads the Governor's regular and special 
messages, and all communications from the Senate or other 
bodies. Whenever the Speaker calls for a vote, the reading 
clerk calls the names of the members in alphabetical order, 
and the yeas and nays are entered on the journal by the 
Clerk of the House as the constitution and the rules of the 
House may require. He receives for his services about 
$500 for a regular session and a proportionate sum for an 
extra session. 

The Enrolling Clerk is not a member of the House and 
has no voice or vote on any question. It is his duty to 
enroll in the proper manner all bills, resolutions, etc., which 
may be given to him for enrollment. In copying such 
bills and resolutions he must exercise great care, for a 
small mistake in a copy of a bill may change its character 






THE HOUSE OF REPRESENTATIVES 99 

and intent. The enrolling clerk receives a salary of about 
$500 for a regular session and a proportionate sum for a 
special session. 

The Chaplain is usually a minister of some Christian 
church; it. is his duty to open the session of the House 
with prayer each morning. He receives for his compensa- 
tion about $75 for a regular session and a proportionate 
sum for a special session. 

Attorneys of the General Assembly. — The House and 
Senate choose at the opening of the regular biennial session 
such counsel as they may consider necessary, who are quali- 
fied practitioners in this State. Their duty is to draw up in 
legal form all bills and resolutions requested by the members. 
They may be called upon to explain points of law to mem- 
bers and to advise regarding the constitutionality of pro- 
posed legislation. There are usually four of these attorneys 
and each of them is paid about $1000 for a regular session 
and proportionate amounts for extra sessions. They must 
be constantly within easy call of the House Chamber so 
that they may be on hand at once when their opinion or 
service is required. 

The Sergeant at Arms is not a member of the House and 

has no voice or vote on any question before the House. 

It is his duty at the command of the Speaker to secure 

order, to eject offensive visitors, to order visitors from the 

House in preparation for a secret session. He has general 

custody of the House Chamber and sees that it is secure 

from intrusion between the sessions. He serves summonses 

to members or witnesses to appear in the House. He 

serves all writs of arrest for absent members issued by the 

Speaker and in every way must obey the command of the 

Speaker. He receives about $300 for a regular session 

and a proportionate sum for a special session. 

LOf& 



IOO STATE GOVERNMENT 

The Page is a boy whose duty is to run errands for the 
Speaker and the members of the House. He receives 
about $50 for a regular session and a proportionate sum 
for an extra session. 

Organization of the House. — On the first Tuesday of 
January of the odd years the persons who have been elected 
Representatives go to Dover and assemble in the House 
Chamber. Some one rises and nominates a member as 
temporary chairman, and if there are no other nominations, 
he puts the question and calls for yeas and nays. Some 
other member is chosen temporary secretary in a similar 
manner. If there are several nominations for temporary 
chairman or temporary secretary, or for both, the maker of 
the first nomination appoints tellers and a regular elec- 
tion is held. The persons so chosen take their respective 
places. The members then present their certificates of 
election to the chairman, and if they are found correct, one 
of the State Judges swears them into office, each member 
taking the following oath or affirmation : " I do solemnly 
swear (or affirm) that I will support the constitution of the 
United States, and the constitution of the State of Dela- 
ware, and that I will faithfully discharge the duties of the 
office of Representative, according to the best of my ability. 
And I do further solemnly swear (or affirm) that I have not 
directly or indirectly paid, offered or promised to pay, con- 
tributed or offered or promised to contribute, any money 
or other valuable things as a consideration or reward for 
the giving or withholding a vote at the election at which 
I was elected to said office." Officers chosen at any elec- 
tion, before they enter upon the duties of their respective 
offices, also take and subscribe to the oath or affirmation 
above prescribed. 

After one member has been sworn in by the Judge, he 



THE HOUSE OF REPRESENTATIVES 10 1 

may in turn swear in all the rest ; but the custom is to have 
the Judge give the oath to all the members. After all the 
members qualified have taken the oath, the House pro- 
ceeds to elect its officers, and then the temporary chairman 
and temporary secretary give up their places to the elected 
officers. The House is now regularly organized and ready 
for such business as may come before it. 

The first step taken by the Speaker is to appoint three 
members of the House to join two members of the 
Senate, which five compose a joint committee to notify 
the Governor that the General Assembly is now or- 
ganized and ready to begin its work and to receive 
any communication he may wish to make. The Gov- 
ernor then sends the Secretary of State to both houses 
with a copy of his message. When the Secretary of State 
enters the House, the members rise and the Secretary 
delivers the message to the Speaker. On motion of 
one of the members the message of the Governor is 
read by the reading clerk. After such reading the 
House usually adjourns to allow the Speaker to form 
the committees. 

Order of Business during a Session. — Eighteen members 
of the House constitute a quorum to do business. The 
order of business according to the House rules is given 
below. This order may be changed at the will of the 
House. 

i. Prayer by Chaplain ; 

2. Reading of Journal; 

3. Communications from Speaker; 

4. Reports from Standing Committees ; 

5. Reports from Special Committees; 

6. Petitions and Memorials ; 

7. Introduction of New Business ; 



102 STATE GOVERNMENT 

8. Second Reading of Bills; 

9. Business on Calendar ; 
10. Miscellaneous Business. 

Standing Committees. — The Speaker of the House ap- 
points at the opening of each session a number of stand- 
ing committees whose duty it is to examine into the merits 
of all bills referred to them by the Speaker, and to report 
on them to the House through their chairman favorably 
or unfavorably, or on their merits. The committees at 
the biennial session of 1907 were : 

Committee on Rules (5 members); 
Committee on Elections (5) 1 ; 
Committee on Revenue and Taxation (7) ; 
Committee on Judiciary (7); 
Committee on Federal Relations (7); 
Committee on Crimes and Punishments (7); 
Committee on Accounts (7); 
Committee on Claims (7) ; 
Committee on Temperance (7); 
Committee on Education (7); 
Committee on Enrolled Bills (7); 
Committee on Appropriations (5); 
Committee on Miscellaneous Business (7); 
Committee on Stationery and Supplies (7); 
Committee on Agriculture (7); 
Committee on Municipal Corporations (8); 
Committee on Fish, Oysters, and Game (5); 
Committee on Printing (7); 
Committee on Revised Statutes (5); 
Committee on Private Corporations (7); 
Committee on Banking and Insurance (5); 

1 The figures indicate the number of members on the committee. 



THE HOUSE OF REPRESENTATIVES 103 

Committee on Public Highways (7); 

Committee on Military Affairs (7); 

Committee on Charities and Eleemosynary Institutions 

(7); 

Committee on Manufacturers and Commerce (7); 
Committee on Public Buildings (7) ; 
Committee on Labor (7) ; 
Committee on Immigration (7) ; 
Committee on Public Health (7); 
Committee on Revised Code (7). 



CHAPTER VIII 

THE SENATE 

The Senate is the upper house of our General Assembly. 
Its members are chosen for a longer term than the Rep- 
resentatives, they are fewer in number, and their office is 
regarded as one of superior dignity and importance. The 
Senators are supposed to be men of the highest ability and 
character, men who know the affairs of the State thoroughly 
and who have had experience in the practical affairs of 
life. The Senate, because of the character of its member- 
ship, is a highly deliberative body and serves as a check 
to ill-advised or hasty legislation. In organization and 
powers it resembles very much the United States Senate. 

Members. — The State Senate is composed of seventeen 
Senators : five from Sussex county, five from Kent county, 
and seven from New Castle county ; two of the Senators 
from New Castle county are from the city of Wilmington 
and five from the rural districts. 

Senatorial Districts. — As a rule each Senatorial district 
consists of two Representative districts. The Senatorial 
districts of New Castle county are numbered from one to 
seven, one and two composing the city of Wilmington, 
and three, four, five, six, and seven composing rural New 
Castle. The districts in Kent and Sussex counties are 
numbered from one to five respectively. The limits of the 
Senatorial districts are carefully defined in the latter part 
of Article II, Section 2. 

104 






THE SENATE 105 

Qualifications of a Senator. — A Senator must be at least 
twenty-sev r en years of age. At this age a man's mind is fairly 
mature ; he is not so impetuous or hasty as he once was ; as 
a rule he does not form his opinions or act on them until 
after due deliberation. This age is therefore required for 
membership in the higher body of our General Assembly, 
a body where calm deliberation and sane and impartial 
judgment are so necessary. Each Senator, like a Repre- 
sentative, must have been a citizen and resident of this 
State three years next preceding his election, and the last 
year of these three a resident of the Senatorial district from 
which he is chosen. In other respects he must have the 
same qualifications as a Representative. 

Because of the dignity and importance of the Senator's 
position, every district should exercise great care in elect- 
ing men to this office. 

Term and Salary. — The Senators are elected on general 
election day, and one half of the whole number are chosen 
every two years. By this wise provision the Senate 
always contains a number of experienced members ; if the 
terms of all the Senators expired at the same time, and if 
none were reelected, this important body would be com- 
posed entirely of inexperienced members. The term of a 
Senator begins the day after he is chosen and continues for 
four years. He serves therefore at two regular biennial 
sessions of the General Assembly. It usually takes a Sen- 
ator one whole session to become familiar with his duties, 
and his best service to his district is generally rendered 
at the second session. He serves also at such special and 
executive sessions as may be called during the four years 
for which he was chosen. 

A Senator receives the same salary as a Representative, 
subject to the same conditions ; but if the Governor calls 



io6 



STATE GOVERNMENT 



an "executive session" of the Senate, each Senator 
receives also $5 per day for each day of such session. 

Sessions of the Senate. — What has been said concerning 
the sessions of the House of Representatives holds true 
for the sessions of the Senate. The Governor, however, 







Senate Chamber 



may call the Senate alone into what is called executive 
session, if there are any important appointments which 
must be confirmed before the next regular session. In 
case of an appointment to a judgeship the Governor calls 
the Senate into executive session within thirty days of 
the time the vacancy occurred, to confirm or reject his ap- 
pointment. 

Place of Meeting. — What has been said as to the place 
of meeting of the House of Representatives applies also to 
the Senate. 

How a Vacancy is Filled. — A vacancy in the Senate is 



THE SENATE 10? 

filled in the same way as a vacancy in the House of Rep- 
resentatives, except that when a vacancy occurs 'during 
a session of the Senate the Lieutenant Governor or Presi- 
dent pro tempore issues the writ of election. 

Powers Peculiar to the Senate. — The Senate possesses 
two powers which it alone may exercise ; the power to 
try all cases of impeachment, and to confirm or reject the 
Governor's appointments. The trial of impeachment cases 
is discussed in a later chapter. 

The Senate must confirm or reject the Governor's ap- 
pointments to certain offices. The Governor has the 
power, under the constitution and under certain laws 
made in accordance with it, to appoint men to fill certain 
offices. Such appointments, if the salary is not over $ 500 
and the constitution or laws do not provide for con- 
firmation, are valid and take effect without any action of 
the Senate. But in all important offices the Governor's 
appointment must be confirmed by the Senate before he 
may grant the appointee a commission for the full term 
allowing him to exercise the powers of his office. 

Appointments are confirmed about in this manner. 
At the opening of each biennial session the President 
of the Senate appoints an Executive Committee, which 
usually has three members. Whenever the Governor 
has made any appointments, he sends the list to the 
Senate by the Secretary of State. The President of the 
Senate refers them to the Executive Committee. The 
Executive Committee may not, except by the unanimous 
consent of the Senate, report on such appointments the 
same day they were referred to it. When this committee 
is ready to report, the Senate goes into executive session. 
All persons except the Senators, President, and necessary 
officers of the Senate are excluded from the Chamber and 



108 STATE GOVERNMENT 

the doors are closed. The members and officers are 
pledged to secrecy as to what is said during such a session. 
The nomination of the Governor is then either confirmed 
or rejected by the Senate, and the Governor is advised of 
its action. 

If a nominee of the Governor is rejected by the Sen- 
ate, the Governor either makes another nomination or 
endeavors to remove the Senate's objections. If he can 
overcome these objections, the Senate may confirm the 
nomination. 

This power of confirming the appointments of the Gov- 
ernor is an important one, for if an individual appointed is 
known by the Senate to be unfit for a public trust, it may 
by rejecting the appointment prevent him from securing 
the position. 

President. — The Lieutenant Governor of the State is by 
virtue of his office the President of the Senate. He pre- 
sides over the sessions of the Senate, receives all messages 
sent to the Senate, decides all points of order, calls for 
the question on all bills and resolutions, and appoints all 
committees unless the Senate otherwise directs. He has 
no vote unless the Senate is equally divided ; in such a case 
he casts the deciding vote. He presides over impeach- 
ment trials except when the Governor or he himself is to 
be tried. 

For his services he receives, like the Speaker of the 
House, $6 per day during each session, but only for the 
first sixty days of a regular session and for the first thirty 
days of an extra session. 

President Pro Tempore. — At the opening of each bien- 
nial session the Senate chooses one of its members as 
President pro tempore, to act as the President of the 
Senate during the absence of the Lieutenant Governor or 



THE SENATE IO9 

when he is performing the duties of Governor. The 
President pro tempore, being a member of the Senate, has 
a vote on all questions. He receives the same pay as the 
Speaker of the House. 

Other Officers. — The Senate at the opening of each 
biennial session usually chooses the following officers : 

Secretary, 

Reading Clerk, 

Enrolling Clerk, 

Chaplain, 

Attorneys, 

Sergeant, 

Page. 

These officers are not members of the Senate and have 
no voice or vote. They hold office during the biennial 
session and such special sessions as may be called before 
the next regular session. The Secretary of the Senate has 
the same duties as the Clerk of the House and generally 
receives the same salary. The duties and salaries of the 
reading clerk, enrolling clerk, chaplain, sergeant, and page 
are the same as of the corresponding officers of the House 
of Representatives. The same attorneys serve both the 
Senate and the House of Representatives. 

Organization of Senate. — On the first Tuesday of January 
of the odd years the " hold over " Senators and the newly 
elected members assemble in the Senate Chamber in the 
State House at Dover. (" Hold over" members are those 
who have served the first two years of their terms.) The 
Lieutenant Governor calls the assemblage to order, and 
the meeting is opened with prayer. The roll of " hold 
over " members is then called. The certificates of election 
of the new members are then presented to the Lieutenant 



HO STATE GOVERNMENT 

Governor, and if they are found correct, the new members 
are at once sworn in by a " hold over " member or by one 
of the State Judges. The Senate now proceeds to elect 
its officers. The President pro tempore is chosen first 
and then the other officers. The Senate then begins busi- 
ness in much the same way as the House (p. 101). 

Order of Business. — Nine members of the Senate consti- 
tute a quorum to do business. The Senate conducts its 
sessions after the following order of business, but this 
order may be changed as it sees fit : 

i. Prayer by Chaplain; 

2. Roll Call ; 

3. Reading of Journal ; 

4. Reports of Standing Committees ; 

5. Notices; 

6. Bills for First Reading ; 

7. Bills for Second Reading ; 

8. Bills for Third Reading ; 

9. Miscellaneous Business. 

Standing Committees. — The President of the Senate at 
the opening of each biennial session appoints a certain 
number of standing committees. These generally are : 

Committee on Corporations (5 members); 
Committee on Cities and Towns (5) 1 ; 
Committee on Education (5) ; 
Committee on Claims (5) ; 
Committee on Finance (5) ; 
Committee on Agriculture (5); 
Committee on Elections (5); 
Committee on Accounts (5); 
Committee on Printing (5); 

1 The figures indicate the number of members on a committee. 



THE SENATE III 

Committee on Revised Statutes (5); 

Committee on Fish, Oysters, and Game (5); 

Committee on Judiciary (5); 

Committee on Enrolled Bills (5) ; 

Committee on Vacant Lands (5); 

Committee on Insurance and Banking (5); 

Committee on Rules (5); 

Committee on Public Buildings and Highways (5); 

Committee on Executive (3). 



CHAPTER IX 

HOW A BILL BECOMES A LAW 

The sessions of both branches of the General Assembly 
are almost entirely devoted to the discussion and con- 
sideration of bills presented by the members. 

New laws and the revision of old laws become necessary 
as the years pass. If new conditions did not continually 
arise, if a people did not constantly progress, then it might 
not be necessary to enact new laws. The old laws, un- 
changed, would serve to guide, to regulate, and to protect 
the people in their occupations and in their relations with 
their fellow-citizens. We cannot imagine such a state of 
rest or inactivity in any American commonwealth. The 
pulse of life throbs rapidly in all of our States. Life each 
year becomes more complex, the activities of men become 
more numerous and varied ; such activities must be reg- 
ulated, the rights of the individuals engaged in them must 
be defined. This power lies wholly in the General As- 
sembly, which enacts such laws as are made necessary 
by the changing needs of the people. No citizen should 
be ignorant of the lawmaking process. This chapter 
discusses the entire process by which a measure becomes 
a law. 

Origin of a Bill. — There is no set way in which a bill 
may originate. A single individual, a group of men, or 
the people of a certain section may desire that a certain 
law be enacted, and may proceed to formulate into a legal 



HOW A BILL BECOMES A LAW I 1 3 

form the provisions which are to be the features of the 
bill. Any person of fair education is able to draw up a 
bill, but the usual manner is to have an attorney formulate 
the provisions. Senators and Representatives who wish to 
draw up a bill for presentation may do so themselves or 
ask the attorneys of the Assembly to do it for them. It 
has become a custom to have typewritten all bills that are 
to be introduced. 

After a bill has been drawn up, the next step is to secure 
some Senator or Representative to present it in the body of 
which he is a member. The persons who desire the in- 
troduction and passage of a bill usually try to have some 
member who is in its favor give notice of it and take care 
of it in his house. They seek to do this so that the bill 
may be certain to receive due consideration. Senators and 
Representatives can generally be persuaded to give notice 
of any bill which is presented to them by their constituents, 
whether they favor the bill or not. They feel it their duty 
to give notice of all bills presented to them, but may give 
no further aid than this if they are not interested. 

Notice of a Bill. — To give what is called " notice of a 
bill," a member of the Assembly fills out a blank form pro- 
vided for this purpose, like the following (for the Senate) : 

Senate — Form 2. 

Mr. gave notice that on to-morrow or some future day 

he would ask leave to introduce a bill, entitled : 



In this blank he states the title of the bill and briefly 
outlines its principal features. This form he sends to the 
Clerk of the House if he is a Representative or to the 
Secretary of the Senate if he is a Senator, and the reading 
clerk reads it during the proper order of business. Such 

GOV. OF DEL. — 8 



114 STATE GOVERNMENT 

notice of a bill must be given at least one day before it is 
introduced. Notice is given of many bills which are never 
introduced, the member who has given notice finding that 
another bill of the same kind has been or will be presented, 
or that the bill would meet with too much opposition. 

Presentation and First Reading of Bill. — One day after 
notice of a bill has been given, or any future day, the 
member having the bill in charge may rise from his seat 
and ask permission to introduce the bill, naming its title 
and chief provisions, for the consideration of the house. 
If such permission is granted, the bill is read carefully, 
word for word, by the reading clerk. After it has been 
read the presiding officer gives it a name and number ; as, 
Senate bill No. 35, or House bill No. 50, according to the 
house in which it is introduced. 

Second Reading of Bill. — According to a rule of both 
houses no bill may have its first and second reading on the 
same day except by the unanimous consent of the members 
of the house considering the bill. Immediately after the 
close of the first reading the member in charge of the 
bill may ask for unanimous consent for a second read- 
ing of the bill. If this is granted, and it usually is, the 
bill is read by title only and then referred to the proper 
committee. 

If a bill does not receive its second reading on the same 
day as the first by unanimous consent, the member may 
on the day following the first reading or at a future time 
ask for the second reading of the bill, and permission 
being granted the bill is read for the second time — gener- 
ally by title only — and referred to the proper committee. 

The reading by title only saves a great deal of time, 
and a second reading in full is considered unnecessary. 
If the bill is an important one, the house may order the 



HOW A BILL BECOMES A LAW I I 5 

clerk to have a certain number of copies printed for the 
use of the members. In this way each member and the 
interested public can have a full copy of the bill and can 
study all of its provisions. 

The Bill in Committee. — Each bill after its second read- 
ing is sent by the presiding officer of the house to the 
proper committee. This committee proceeds to consider 
the bill, and after such consideration reports to its house. 

It has been said that our laws to-day are largely " com- 
mittee legislation." This is overestimating the power of 
the committees, but it is true that they are a very important 
part of the lawmaking machinery. 

The number of bills presented to legislative assemblies 
has made the committee a necessity. In the early days of 
our national Congress and of our State Assemblies, all the 
bills presented to a house were discussed in a session of 
the whole body. This was right and proper as long as 
the number of bills presented was small. As the interests 
of the people grew more varied and extensive, the number 
of bills presented to Congress and the Assemblies became 
proportionately larger, until at last- they were overwhelmed 
with work. They found that they could not consider all 
the bills presented to them, and often the discussion and 
passage of important bills were impeded by the considera- 
tion of trivial bills. If each house of our Assembly had to 
consider in a session of the whole all the bills presented 
to it, it would have to be in session every day of the 
year. A way out of the difficulty had to be found, and the 
"committee plan " has been found to be a fairly satisfac- 
tory solution. 

The standing committees of each house (pp. 102, no) 
serve throughout a whole session. The number of mem- 
bers on a committee varies with the importance of the 



Il6 STATE GOVERNMENT 

work assigned to it. Each bill is referred to the proper 
committee for careful consideration. Thus, if a bill affect- 
ing the educational interests of the State is introduced, 
after its second reading it is referred to the Committee 
on Education. The committee meets at stated times and 
discusses the provisions of the bill. The members of the 
committee may hear witnesses for and against the bill. 
They may listen to all delegations or individuals who 
desire a hearing. If after due consideration and exami- 
nation a majority of the committee think the bill a desir- 
able measure, they decide to give a favorable report. If 
a minority of the committee wish to present an unfavor- 
able report, they may do so. If a majority think that 
the bill is not a desirable measure, they decide to give 
their house an unfavorable report ; the minority having 
the right to present a minority report. In determining 
what its report shall be, the committee endeavors to do 
full justice to each bill referred to it. 

If a committee is undecided concerning the merits of a 
bill or is divided in its opinion, it may decide to report the 
bill "on its merits." This is quite frequently done. 

By this committee plan bills never come before the 
house after the second reading except as they may be re- 
ported. It is said that half of the bills presented to each 
house do not get farther than the committee. A great 
many bills are never reported, either favorably or unfavor- 
ably, and the committees have been aptly called the " grave- 
yard " of the Assembly. Good bills as well as poor ones 
may die here. Of course each committee is supposed to 
report within a certain time on the bills referred to it, 
but strong opposition may prevent any report being given. 
If a committee fails to report on a bill, the house in which 
the bill is in committee may compel the committee to pro- 



HOW A BILL BECOMES A LAW 117 

duce the bill and may proceed to consider it in what is 
called " committee of the whole." 

During the order of business called " reports of standing 
committees," in each house, the chairmen of the com- 
mittees report favorably or unfavorably on such bills as 
have been duly considered. If a bill is reported favorably 
or unfavorably, or on its merits, it is placed on the calendar 
of that house and is ready for its discussion and third read- 
ing. The calendar of each house is a list of such bills 
as have been reported from committees and are ready for 
third reading, discussion, and final action ; there is such a 
list for each day. 

If a bill has been reported and a house does not think 
that the bill has received due consideration from the com- 
mittee, by a majority vote the bill may be returned to the 
committee for reconsideration, which reconsideration the 
committee must proceed to give as soon as possible. This 
is called " recommitting a bill." Bills reported favorably 
are not always passed by the houses, and bills reported un- 
favorably are sometimes passed by large majorities. The 
committee's report, while influencing a house for or against 
a bill, does not of necessity determine its final action. 

Amendments. — The committee considering a certain 
bill may wish to change some of the provisions of the orig- 
inal bill or desire to add some new provisions. Such changes 
and additions are put in " amendments." The committee 
in such case reports the bill with the amendments. 

When a bill has been reported and is before the house 
for final action, any member may offer an amendment or 
amendments to the bill. In such case one of two things 
may be done : the amendment or amendments may be sep- 
arately adopted or rejected, or the bill with the amendments 
may be returned to the committee from which the bill 



Il8 STATE GOVERNMENT 

came. The latter custom, that of referring the bill with 
amendments to the committee, is generally followed. The 
committee after considering these may decide to change 
the whole form of the original bill and draft a new one 
containing the provisions of the amendments, or it may 
report the bill favorably or unfavorably as amended. It 
happens not unusually that a bill is so amended as to 
change its whole meaning. 

Third Reading ; Discussion and Final Action. — After a 
bill has been finally reported from a committee it is placed 
on the calendar for action. Any bill on the calendar for a 
certain day may be called up for its third reading on that 
day. 

It has become an established custom that a bill shall be 
called up for its third reading by the member who intro- 
duced it. It is the height of parliamentary discourtesy for 
any one but the introducer of a bill to call it up for action, 
except, of course, when the introducer requests one of his 
fellow-members to do this for him. Every bill is supposed 
to be in the hands of the one who introduced it, and it is 
his privilege to call up the bill when he desires to do so. 
In this way a bill generally does not come up for final 
action until the members have been canvassed outside of 
the chamber. 

When a member wishes to bring his bill before the house 
for its third reading, he rises and moves for its considera- 
tion. If there are no objections, the reading clerk reads 
the bill. This third reading of the bill is very important, 
and the members pay careful attention. The reading clerk 
reads one section at a time, after which the presiding officer 
says, " If there are no objections, this shall be section — of 
the bill." After the sections are all read, the reading 
clerk reads the title of the bill, and the presiding officer 



HOW A BILL BECOMES A LAW I 1 9 

says, " If there are no objections, this shall be the title of 
the bill." The reading clerk then reads the enacting clause 
of the bill, and the presiding officer says, " If there are 
no objections, this shall be the enacting clause of the bill." 
If there are any amendments, these are read and must 
be passed or rejected before the bill as a whole is voted on. 
After the amendments have been disposed of, the bill as a 
whole is considered. It is not until after the third reading 
that the bill is discussed on the floor of the house. Every 
member has a right to speak at least twice on the bill and 
oftener if the presiding officer "recognizes him," i.e. gives 
him the right to speak. As a general thing there is no pro- 
longed discussion of bills on the floor, as they have been 
thoroughly talked over outside the chamber. After the 
discussion is over the presiding officer puts the question, 
" Shall this bill pass the House (or Senate) ? " The read- 
ing clerk calls the names of the members in alphabetical 
order, and the members vote by yeas and nays. The Clerk 
of the House or Secretary of the Senate, as the case may be, 
records the votes on the journal of that house. If the bill 
receives a constitutional majority of eighteen in the House 
or nine in the Senate, the presiding officer declares the 
bill passed and orders it to the other body for concurrence. 
For the passage of some bills, such as appropriation bills, 
bills for bonding the State, a county, a city, or a town, and 
bills changing or granting charters, a two-thirds or a three- 
fourths, vote is necessary. 

The Bill in the Other House. — After the bill has passed 
one house, the clerk of that body takes it to the other 
house and presents it for concurrence. The bill in this 
house goes through the same process as in the first 
house. It receives its first and second reading, goes to 
committee, is reported on, and after its third reading 



120 STATE GOVERNMENT 

is either concurred in or not. The bill may, however, 
be amended by the second house ; it is then sent back to 
the house in which it originated, and if that house con- 
curs in the amendment, the bill as amended is declared to 
have passed both houses. If the house in which the bill 
originated does not concur in the amendment added by the 
other house, it may ask for a conference. In such cases 
the proper committees of the two houses hold a conference 
and adopt a report. If each house adopts the report of 
the conference committee, then the bill is declared to have 
passed both houses. If either fails to adopt the confer- 
ence report, the bill of course "dies." 

Many bills passed by one house get no farther than 
the committee in the other house. The member who had 
charge of the bill in the first house usually secures a mem- 
ber of the other house to "call up" his bill for its third 
reading. If he does not secure any one to do this, any 
member of the second house may call it up for final ac- 
tion. 

If the bill is finally concurred in by the second house, 
the presiding officer orders it sent back to the house in 
which it originated. When it reaches the first house again, 
the presiding officer gives it to the enrolling clerk of that 
house, who proceeds to engross it on a certain form pro- 
vided for this purpose. This enrolling is done with the ut- 
most care so that the wording and punctuation may be 
absolutely correct. Often the misplacing of a comma may 
change the meaning of a bill. After the bill has been en- 
grossed, or enrolled, it is given to the enrolling committee 
of the proper house, which carefully goes over the bill to 
correct any mistake which may have been made in it by 
the clerk. The presiding officers of both houses sign this 
copy, and the bill is ready for the Governor's signature. 



HOW A BILL BECOMES A LAW 121 

These engrossed copies of the bills are kept in the vault 
of the State House in the custody of the Secretary of 
State. 

The Governors Approval or Veto. — The bill having 
passed both houses and having been duly engrossed and 
signed is sent to the Governor for his approval or disap- 
proval. If he approves the bill, he signs it and the bill is 
then a law and must be obeyed as such. It becomes a 
part of the Statute Law and as such must be enforced by 
the Executive Department. 

If the Governor does not approve the bill, he states in 
writing his objections to it and sends them with the bill 
to the house in which it originated. This house then 
reconsiders the bill and the objections of the Governor. 
If after such reconsideration three fifths of the members 
of that house vote in favor of the bill, it is declared by 
the presiding officer passed over the Governor's veto. In 
neither house, however, can the vote be taken on the same 
day the bill is returned to it. If it does not receive the 
necessary three-fifths vote, the bill " dies " in that house. 
If it is passed, it is sent to the other house and reconsidered 
with the Governor's objections, and if three fifths of that 
house vote in favor of the bill, it becomes a law without 
the Governor's signature. If it does not receive the three- 
fifths vote, the bill " dies " in that house. 

Sometimes bills are presented to the Governor concern- 
ing the merits of which he is in doubt. If he does not 
sign the bill within ten days, Sundays excepted, and does 
not in that time return it to the house in which it origi- 
nated, the bill becomes a law without his signature. This 
is a second way in which a bill may become a law with- 
out the Governor's signature. If, however, the Assembly 
should by its final adjournment prevent the return of the 



122 STATE GOVERNMENT 

bill within such ten days, the bill does not become a 
law. 

Many bills are passed during the last days of a session. 
Such bills must be signed within thirty days of the final 
adjournment of the General Assembly, or they do not 
become laws. If an appropriation bill is presented to 
the Governor for his signature, and he approves the bill 
as it stands, it becomes a law. If he approves some items 
and not others, such items as he does not approve must be 
repassed by a three-fifths vote of both houses, or they are 
dropped from the bill. 

Every order, resolution, or vote to which the concur- 
rence of both houses is necessary, except on a question 
of adjournment, must be presented to the Governor for 
his signature. Not being approved by him, it must, in 
order to be legal, be repassed by a three-fifths vote of both 
houses, just as in the case of a bill. 

The Governor's power to approve or disapprove a bill 
is the last check to legislation. In the heat of excitement 
or in response to popular demand both houses may pass a 
bill, but on learning the Governor's objections, and upon 
reconsideration, may fail to pass it by the necessary three- 
fifths vote. The Governor does not often exercise his veto 
power, but if he thinks a bill unconstitutional, or passed 
only for party or personal ends, he should not hesitate to 
do so. It takes a strong man to oppose himself to both 
houses; therefore it is necessary that the man in the Gov- 
ernor's chair should be an individual of fair mind and 
courageous spirit. It may happen that the Governor for 
personal reasons will veto a bill in every way good and 
desired by the people. It is necessary that the Assembly 
should have the power to enact laws over the Governor's 
veto; for if it could not, the Governor would practically 



HOW A BILL BECOMES A LAW 1 23 

be nothing less than an autocrat, with power to dictate 
what should and what should not be law. 

Resume. — A bill, therefore, may become a law in the 
following ways : — 

1. If it is passed by a majority of both houses and is 
signed by the Governor. 

2. If it is passed by both houses, vetoed by the Gov- 
ernor, and repassed by a three-fifths vote of both houses. 

3. If it is passed by a majority of both houses and 
is not returned by the Governor within ten days, Sun- 
days excepted, to the house in which it originated, unless 
the Assembly by final adjournment prevents such return 
within ten days. 

4. If it is passed by both houses during the last days of 
a session and is signed by the Governor within thirty days 
of the final adjournment. 

A bill may fail to become a law in any one of many ways. 

1. Notice may be given, but the bill may never be 
formally introduced. 

2. The bill may not be called for its second reading in 
the house in which it has been introduced. 

3. It may not be reported from committee. 

4. It may be passed by one house but not reported 
from committee in the other house. 

5. It may be passed by one house but rejected by the 
other. 

6. It may be passed by both houses, vetoed by the 
Governor, and not repassed by a three-fifths vote in the 
house in which it originated. 

7. It may be passed by both houses, vetoed by the 
Governor, repassed by a three-fifths vote in the house in 
which it originated, but fail to pass the other house by 
the necessary three-fifths vote. 



124 STATE GOVERNMENT 

8. It may be passed by both houses during the last 
days of a session and not be signed by the Governor 
within thirty days after final adjournment. 

9. A bill may be withdrawn at any time by the member 
who introduced it, if he secures the unanimous consent of 
the members of the house. 



CHAPTER X 

POWERS AND LIMITATIONS OF THE GENERAL 

ASSEMBLY 

Every legislative body must have certain clearly de- 
fined powers if it is to be effective, well regulated, and 
respected. The powers of the Delaware General Assembly 
are very clearly defined and limited in the constitution. 

The entire first article of our constitution is devoted, as 
we have seen, to the Bill of Rights. None of the rights 
granted in this article can be abridged or abolished by the 
General Assembly. Should it pass a law impairing any of 
these rights, the courts would declare the law unconstitu- 
tional; hence it could not be enforced. Article II of the 
constitution sets forth various powers and limitations of 
the General Assembly. 

Section 8. — When there is a dispute in a Representa- 
tive district as to who was elected Representative at the 
general election, the dispute is referred to the House of 
Representatives. As soon as the House meets in biennial 
session and has duly organized, it examines into any such 
disputed election, and decides which candidate was elected. 
In making such examination it may bring the ballot 
boxes of the district into the House and verify the election 
returns. The decision of the House is final. 

If there is a dispute concerning the election of a Senator, 
the Senate in the same manner decides who was elected. 

It may happen that after a man has been chosen as 
Senator or Representative, objection may be made to his 

125 



126 STATE GOVERNMENT 

occupying his seat on the ground that he does not possess 
the requisite qualifications. Immediately after organiza- 
tion the Senate and House consider such objections, and 
each body judges whether the objections are well grounded 
or not. If either house finds a person elected to it not in 
possession of the proper qualifications, such person may 
not take his seat. It is seldom that such objection is 
raised, as the districts are careful that only persons 
properly qualified are voted for. 

A quorum is the number of members of a body neces- 
sary to transact business legally. A majority of the mem- 
bers chosen to each house constitute a quorum ; thus a 
quorum in the House of Representatives is eighteen mem- 
bers, in the Senate nine members. Should a smaller 
number be present no business can legally be transacted 
in either house, but such number may adjourn from day 
to day until a quorum is present. Such members as are 
present, however, have the power to compel the attend- 
ance of absent members. In the absence of a quorum 
the presiding officer of either house may order the ser- 
geant at arms to search for the missing members and 
bring them into the house. If such members when found 
by him refuse to come to the house, he may arrest them 
and bring them to the meeting chamber. Each house 
may punish a member for staying from the sessions, but 
such punishment is seldom more than a reprimand from 
the presiding officer. 

It is very necessary that each house shall have this 
power, for a small number of members by voluntarily 
absenting themselves may delay legislation. Members 
who do not wish to take a stand on a certain bill may stay 
away while it is under discussion and thus hinder the 
rapid and just making of the laws. They may also absent 



POWERS OF THE GENERAL ASSEMBLY 1 27 

themselves at the time when the bill is to be voted on ; and 
if a sufficient number are absent, because of the lack of a 
quorum, the vote must be postponed. This is one method 
of "filibustering," which is an important weapon of a minor- 
ity and can be used to delay and to hinder legislation. 

Section 9. — Each house may determine the rules of its 
proceedings. From the methods of transacting business 
employed by successive presiding officers of the Senate and 
the House of Representatives, each house has evolved for 
itself a series of rules according to which it transacts the 
daily business. These rules are not laws ; but at the 
opening of each session each house adopts its rules for 
that session. Either house may suspend or change its 
rules as it may think proper. The rules are printed in 
booklet form every session. 

The sessions of our legislative bodies in America are 
remarkably free from the disorder and violent scenes 
which are characteristic of some European lawmaking 
assemblies. Yet in the heat of debate or in the clash 
of opposing opinions, disorder may arise and some of the 
members may act in an undignified manner. Either house 
may punish its members for such disorderly behavior in 
the session chamber. Should a member of either house 
be guilty of conduct unbecoming a Senator or Representa- 
tive, he may be expelled by a two-thirds vote of the house 
of which he is a member. 

Section 10. — Each house keeps a journal of its proceed- 
ings, and at the end of each session publishes the same. 
The clerk or secretary of each house keeps a record of the 
acts of his house during the daily sessions, and from this 
record he prepares the journal. At the request of a 
member the yeas and nays on every question must be 
entered on the journal. To pass either house, every bill 



128 STATE GOVERNMENT 

or joint resolution must be voted for by a majority of the 
members elected to that house. The names of the mem- 
bers voting for and against every bill or joint resolution 
except one in relation to adjournment must be entered on 
the journal. The Governor's messages are always entered 
on the journal. If either house so decides, other commu- 
nications and speeches as a whole or in part may be 
entered on the journal. These journals are very important, 
for by consulting them each house can readily see what 
work it has already accomplished. The people of the 
State can from this record determine accurately what stand 
the individual Senators and Representatives took on im- 
portant measures. 

Such parts of its journal as each house may think 
proper to keep secret, it need not publish. Each house 
keeps a separate journal, and the Senate in addition to 
its regular journal keeps a journal of executive sessions, 
which is at all times kept secret. In executive sessions, 
when appointments are to be confirmed, the Senators in- 
dulge of necessity in great freedom of speech, and for this 
reason it is best to keep this journal secret. 

After the end of each session, usually within a year, the 
journals of both houses, except the Senate's journal of 
executive sessions, are printed and bound in separate 
volumes and distributed. Copies are kept in the State 
Library for preservation. The journal of the Senate's 
executive sessions is kept in the vaults of the State House. 

Section n. — When either house is in session all persons 
who wish to do so may usually enter and hear the proceed- 
ings. Seats are provided for a limited number, but owing 
to the small size of the legislative chambers no large num- 
ber of auditors can be present at once. Visitors may 
enter only that part of the session chamber set apart for 



POWERS OF THE GENERAL ASSEMBLY I 20, 

them. Whenever either house desires the proceedings 
to remain secret, it can order the sergeant at arms to clear 
the chamber of all persons except the members of that 
house. Executive sessions of the Senate are always 
secret sessions. 

Section 13. — Senators and Representatives, while attend- 
ing the sessions of the house of which they are members, 
or while going to or coming from the same, are privileged 
from arrest for all crimes except treason, felony, or breach 
of the peace. This provision prevents members from 
being, for some trivial cause, kept from the sessions of 
their house or from being delayed in getting there. They 
might be arrested for some small offense or perhaps for no 
real offense at all, merely to prevent them from attending 
a session when their presence would be most needed. For 
important offenses or crimes, justice demands that they be 
subject to arrest at once, as any other citizen would be 
under similar conditions. This privilege from arrest for 
lesser offenses is one that has been granted to legislators 
from very early times in the history of the English-speak- 
ing peoples. 

Members of each house have freedom of speech in 
debate on the floor of their house. This privilege is a 
most important one — one of the basic rights of a member 
of a legislative body in a republican state. Through such 
freedom of speech a question before a house may be freely 
discussed and the views of each member be plainly set 
forth. A member's statements may be questioned or de- 
nied by another member of that house, but he cannot be 
held to account for what he has said in any other place. 
This privilege stands out in marked contrast to the con- 
dition existing in certain European assemblies, where a 
man may be silenced at once by the presiding officer. 

GOV. OF DEL. — 9 



130 STATE GOVERNMENT 

Section 14. — New conditions which may arise often 
demand the creation of new offices or the increase of the 
salary attached to some office already existing. If the 
General Assembly creates a new office or increases 
the salary attached to one already existing, no member of 
the General Assembly, during the time for which he was 
elected, may be appointed or elected to such office. The 
purpose of this clause is to prevent the creation of new 
offices or the increase of salaries merely for the benefit of 
some powerful member of the Assembly. 

No United States Senator or Representative, while hold- 
ing such office, can be a member of the Delaware General 
Assembly. No person holding any office under this State 
or the United States, excepting those usually appointed by 
the courts of justice and attorneys at law, and officers of the 
militia who hold no disqualifying office, can be a member 
of either house of the General Assembly so long as he 
continues in such office. Persons holding such disqualify- 
ing offices may be chosen to the General Assembly after 
resigning the disqualifying offices. For example, the State 
Treasurer, or a postmaster, cannot be chosen unless he 
resigns his office. 

No person interested in an army or navy contract may 
be elected to either house of the Assembly. 

Section 16. — As a rule, every bill or joint resolution 
presented to either house for its consideration must cover 
no more than one subject. A bill pertaining to the schools 
should contain only such provisions as relate directly to 
them. A bill pertaining to the courts must contain no 
provisions except such as directly concern them. 

An obnoxious clause is sometimes included in a bill 
otherwise good, and through an oversight may be passed. 
Such measures are termed " snakes " or " riders," and the 



POWERS OF THE GENERAL ASSEMBLY 131 

members of the Assembly must ever be on the lookout to 
detect them. The foregoing provision is designed to lessen 
this danger. 

Bills appropriating money for public use are a note- 
worthy exception to the above rule. It would place use- 
less work on the Assembly to compel it to pass a separate 
appropriation bill for each department of the State govern- 
ment. Each Assembly passes a " general appropriations 
bill," which provides for the moneys expended by the 
various departments. 

Section 17. — The General Assernbly, as authorized and 
ordered by the constitution, has passed strict laws prohibit- 
ing lotteries, the sale of lottery tickets, pool selling, and 
all other forms of gambling. There was a time when some 
of the States themselves conducted lotteries as a source 
of revenue. Lotteries were looked upon as a highly re- 
spectable form of speculation. Many European states 
still conduct public lotteries, the profits being applied to 
public works. Our State prohibits all forms of gambling 
and makes it punishable by the courts. Indeed, so strict 
are our State laws that even the printing of lottery tickets 
is an offense punishable by the courts. 

Section 18. — A divorce is the legal dissolution of the 
marriage bond. Alimony is money paid by a man to the 
wife from whom he has been divorced or separated. Ac- 
cording to our constitution, divorces or alimony can be 
granted only by the courts, subject to the laws. 

Section 19. — The General Assembly can make no local 
law applying to fences, the destroying of live stock, ditches, 
the creation or changing of the boundaries of school dis- 
tricts, or the laying out, opening, alteration, maintenance, 
or vacation, in whole or in part, of any road, highway, 
street, lane, or alley. These prohibitions are placed on 



132 STATE GOVERNMENT 

the Assembly to prevent the passage of local laws which 
would benefit only certain individuals powerful enough 
to secure the legislation they desire. If laws on the above 
subjects are passed, they must be applicable to all cases 
arising under them throughout the State. 

Section 20. — A member of the Assembly as a private 
citizen engaged in some lawful occupation may have an 
interest in a bill being considered by his house. There is 
no wrong in his having such an interest in a bill, but if he 
has, he must rise in his seat and so state to his house. 
When the bill is voted on for final passage he may not vote 
on it. By this wise provision, members are prevented from 
using their public office to further their private interests. 

Section 21. — It is very necessary that the members of 
the Assembly and all officers of the State should be men of 
high character ; hence no person convicted of embezzlement 
of public money, bribery, perjury, or any other infamous 
crime is eligible to a seat in either house, nor is such per- 
son capable of holding any office of honor, trust, or profit 
under the State. 

Section 22. — The members of the Assembly and the 
other officers of the State are supposed to be men of such 
character that under no circumstances would they receive 
a bribe. They should not be allowed to be insulted by 
those who would offer them a bribe to influence them in 
any way from doing their duty to the public. All persons, 
therefore, who offer money or a bribe of any kind to a 
member of the Assembly or to any officer of the State are 
regarded as guilty of bribery, whether such member or 
officer accepts the bribe or not, and may be punished 
therefor according to the laws made by the Assembly on 
the subject of bribery. 

Section 23. — Every law passed by the Assembly is a 



POWERS OF THE GENERAL ASSEMBLY 1 33 

public law and applies throughout the whole State except 
when the law in itself declares the provisions to apply only 
to a certain county, a certain locality, or a certain person 
or persons. 

The " Sweeping Clause." — The last part of Article II, 
Section 9, which reads, " and shall have all other powers 
necessary for a branch of the Legislature of a free and 
independent State," may be called the " sweeping clause " 
of the constitution. By this clause each house may origi- 
nate and pass such legislation as it may from time to time 
think necessary for the welfare of the State. The con- 
stitution grants certain powers to the Assembly and sets 
certain limitations to its action, but so long as it stays 
within its powers and does not take away or abridge or 
deny the fundamental rights mentioned in the Bill of 
Rights, it can pass such laws as it may think necessary 
and proper to safeguard and further the interests of the 
people. If the Assembly passes a law and an objection 
is raised to it on the ground that it is not in accordance 
with the constitution, only the courts of the State can 
decide the question. 

Statute Law. — The laws passed by the Assembly are 
known as the " statute law " of the State. It is the custom 
to publish the laws passed at each session of the Assembly 
so that they may be given due publicity throughout the 
State. The enrolled or original copies of the laws are 
carefully preserved in the vaults of the State House at 
Dover. The laws passed by the successive Assemblies 
fill many volumes, and in order that those in actual use 
may be easily referred to, the statutes in force are collected, 
at intervals, in one volume and called the Revised Code. 
This Code has to be prepared under the direction of the 
Assembly and then authorized by them. The last Revised 



134 STATE GOVERNMENT 

Code authorized by the Assembly was brought out in 1852. 
In 1893 another Code was prepared, and though it is in 
general use, it has never been authorized by the General 
Assembly. 

Local Option is the power of a certain section to decide 
whether or not intoxicating liquors shall be made and sold 
within that section. The constitution in Article XIII pro- 
vides that whenever the majority of the members chosen 
to each house of the General Assembly from any district 
named in Section 2 of Article XIII request the submission 
of the question of license or no license to such district, the 
General Assembly shall provide for the submission of this 
question to the qualified electors in such district at the 
next general election ; the constitution also provides that 
by an act of the General Assembly the question may be 
submitted to all the districts at the same time. 

Section 2 provides that for the submission of the ques- 
tion, Delaware shall be divided into four districts : the city 
of Wilmington shall be one district, the remainder of New 
Castle county one district, Kent county one district, and 
Sussex county one district. 

The General Assembly, according to this constitutional 
power, passed an act at the biennial session in 1907 
authorizing the submission of the question of license or no 
license to the voters of the four districts at the general 
election in November, 1907. The result of the election 
was the abolition of the sale and manufacture of spiritu- 
ous, vinous, and malt liquors, except for sacramental and 
medicinal purposes, in Kent and Sussex counties. 

The ''Little Legislature." — The constitution provides 
that the State Treasurer shall settle his accounts annually 
with the General Assembly or a joint committee thereof. 
As the Assembly is not in session in the even years, the 



POWERS OF THE GENERAL ASSEMBLY 1 35 

presiding officer of each house during the regular biennial 
session appoints members of a joint committee which in 
January of the even year goes over the accounts of the 
State Treasurer. This joint committee is composed of 
two Senators and three Representatives. 

Besides examining the books of the State Treasurer, 
this committee also examines the books of the Auditor 
of Accounts, Secretary of State, Insurance Commissioner, 
and other State officers. This committee is commonly 
known as the " Little Legislature." 



CHAPTER XI 

THE GOVERNOR AND LIEUTENANT GOVERNOR 

No system of government is complete or effective with- 
out a system of executive officers whose duty it is to see 
that the laws are strictly enforced. The General Assembly 
of our State may make law after law, but if there were no 
executive head to enforce these laws rigidly, they would be 
disobeyed, the people would soon lose their respect for all 
law, and a condition bordering on anarchy would follow. 
Our constitution and laws therefore wisely provide for 
executive officers whose duties are carefully defined and 
who have vested in them the power to enforce the laws. 
The faithfulness with which the laws are executed de- 
pends on the integrity and character of the officers. 

The Governor 

The Governor is the highest executive officer of the 
State. His position is one of dignity, power, and in- 
fluence ; it is necessary, therefore, that he be a man who 
possesses character and executive ability. Delaware's list 
of Governors is a noble one — one of which she may well be 
proud ; almost without exception the men who have held 
this high office have been men of integrity, influence, and 
attainments. 

Term. — The Governor is elected for a term of four 
years. This term is long enough to give stability and 
dignity to the office and to enable the Governor to carry 
into effect the plans he may make to further the interests 

"136 



THE GOVERNOR 137 

of the people and of the State. The Governor takes his 
seat the third Tuesday of January of the odd year next 
following his election. The inauguration of a Governor 
has become an event of much interest in this State. He 
may succeed himself in office, but may not be elected for 
a third time. Each Governor serves through two regular 
sessions of the General Assembly. 

Election. — The Governor is elected in the even year 
every four years on general election day by the voters of 
the State. Immediately after the election in each district 
the returns for Governor and Lieutenant Governor must 
be sealed and sent to the President of the Senate ; or if 
the office of President of the Senate is vacant or if he is 
absent from the State, the returns must be sent to the 
Secretary of State, who must transmit them to the Presi- 
dent of the Senate when he returns, or to the one who is 
chosen to fill the vacancy. Duplicates of these returns 
are also placed in the hands of the Prothonotary of the 
county in which the election district is situated. When 
the General Assembly meets in regular biennial session in 
January following the election, the President of the Senate 
in a joint meeting of the Senate and House of Representa- 
tives opens these returns and makes the contents known. 
The person who has the highest number of votes for 
Governor, as shown by these returns, is elected Governor ; 
the person who has the highest number of votes for 
Lieutenant Governor is elected Lieutenant Governor. If 
two or more persons are equal in the highest number 
of votes, the President of the Senate casts the deciding 
vote. 

If the election of a Governor or Lieutenant Governor is 
contested on the ground of some irregularity in the election 
or for some other cause, the election is examined into and 



I38 STATE GOVERNMENT 

the contest decided by a joint committee composed of one 
third of all the Senators elected and one third of all the 
Representatives elected to the General Assembly. The 
members of this joint committee are chosen in each house 
by the members thereof by ballot. Each member of the 
committee must take an oath or affirmation that in dis- 
charging his duties on the committee he will be true to his 
trust. The Chief Justice presides over the sessions of the 
committee, or, in case of his absence or disability, the 
Chancellor. The presiding officer decides questions con- 
cerning the admission of evidence, and upon the request of 
the committee decides other questions of law which may 
arise. This investigating committee sits with open doors, 
and all interested persons may follow the course of the 
trial. The decision of this joint committee is final; the 
person in whose favor the contest is decided by them shall 
be Governor or Lieutenant Governor, as the case may be. 

Qualifications. — The Governor must be at least thirty 
years of age. He must have been a citizen of the United 
States for at least twelve years before the day of his elec- 
tion, and the last six years of that term an inhabitant of 
Delaware, unless he was absent on the public business of the 
United States or of Delaware. The Governor should be a 
man of decision, of liberal mind, of broad education, of 
high character; one who knows the needs of the State 
thoroughly and has its best interests at heart. Our best 
citizens should be chosen to this high office. 

Salary. — The Governor receives a salary of $4000 per 
year (after 1909). This salary cannot be increased or 
diminished during the period for which he was elected. 
If the General Assembly increases the salary of the Gov- 
ernor, this increased salary does not go into effect until 
the beginning of the next term. 



THE GOVERNOR 1 39 

The Governor has a suite of offices in the State House 
at Dover where he transacts his official business. 

The Powers of the Governor are many and varied. As 
the head of the State government he is naturally granted 
important powers which involve considerable responsibility. 
These important powers are discussed separately in the 
following pages. 

Appointment of Officers. — Of all the powers of the Gov- 
ernor, that of appointing certain executive officers is per- 
haps the most important. The constitution and the laws 
of Delaware name the officers whom the Governor has the 
right to appoint. Some of these officers are : 

Chief Justice, 

Chancellor, 

Associate Judges, 

Judges ad litem, 

Justices of the Peace, 

Notaries Public, 

Commissioners of Deeds, 

State Detectives, 

Constables, 

Special Constables, 

Secretary of State, 

State Librarian, 

Superintendents of Public Schools, 

Factory and Workshop Inspector, 

Fish Commissioner, 

Oyster Revenue Collector, 

State Highway Commissioner (p. 73), 

Voters' Assistants, 

Registration officers, 

Trustees for the State on the governing board of Dela- 
ware College, 



140 STATE GOVERNMENT 

Trustees of Delaware State College for Colored Students, 
Trustees of Delaware State Hospital at Farnhurst, 
Members of State Boards of Medical Examiners, 
Members of State Board of Dental Examiners, 
Members of State Board of Veterinary Medical Ex- 
aminers, 

Members of State Board of Health, 
Members of State Board of Pharmacy, 
Members of State Board of Agriculture, 
Members of State Board of Pilot Commissioners, 
Members of State Library Commission, 
Members of County School Commissions, 
Members of Board of Barber Examiners for Wilmington, 
Members of Division of Public Records, 
Members of Department of Elections for Wilmington, 
Staff officers of the Organized Militia of Delaware. 
The manner in which these officers are appointed and 
confirmed is discussed in the chapter on the Senate 
(p. 107). After the Senate has confirmed an appointment, 
the Governor signs a commission which is sealed with the 
great seal of the State, and hands it to the appointee, thus 
legally investing him with the powers of his office. 

Whenever vacancies occur during a recess of the Senate 
in offices to which the Governor has the right to appoint, 
except in the offices of Chief Justice, Chancellor, and 
Associate Judges, he may appoint persons to fill such 
vacancies and grant them commissions which expire at the 
end of the next session of the Senate. If vacancies occur 
in the office of Chief Justice, Chancellor, or Associate 
Judge, the Governor must call a special session of the 
Senate to confirm his appointment before he may grant a 
commission. 

The Governor has the power to fill all vacancies that 



THE GOVERNOR 141 

occur in elective offices, except those of Lieutenant Gov- 
ernor and members of the General Assembly, by granting 
to the persons appointed, commissions which expire as 
soon as the person elected by the people to fill the office 
is qualified according to law. If a vacancy occurs in an 
elective office, except in the office of Lieutenant Gov- 
ernor and members of the General Assembly, the people 
elect a person to fill such office for the full term, usually 
at the next general election. If, however, the vacancy 
occurs within two months of the general election, the 
vacancy cannot be filled by the people until the second 
succeeding general election ; in the meanwhile the duties 
of the office are performed by the person appointed by 
the Governor. 

To be eligible for election or appointment to an office 
within a county, a person must have the right to vote for a 
Representative to the General Assembly, and must have 
been a resident of that county at least one year next 
before his election or appointment. Persons holding office 
in a county may retain their office only so long as they 
reside in that county, unless the constitution otherwise 
provides. Through this provision it is made certain that 
all persons holding county offices will be men interested 
in the affairs of the county in which their duties lie. 

Members of the national Congress, persons holding any 
office under the United States, excepting attorneys at law 
and officers usually appointed by the courts, may not, while 
they retain such position, hold any office of profit or trust 
in Delaware, unless the constitution otherwise provides. 
Through this provision the officers of the State are men 
who can give their undivided attention to its interests. 

Offices are said to be incompatible if the same person 
may not hold more than one of them at the same time. 



142 STATE GOVERNMENT 

Under our constitution the following offices are incom- 
patible : Secretary of State, Attorney General, Insurance 
Commissioner, State Treasurer, Auditor of Accounts, 
Prothonotary, Clerk of the Peace, Register of Wills, 
Recorder, Sheriff, Coroner. The duties of these officers 
are such that no person can hold any two or more of them 
at the same time and perform thoroughly, justly, and im- 
partially all the work connected with them. 

Removal from Office. — When any officer shows by his 
conduct that he is violating his trust, when he neglects the 
duties of his office and is no longer an efficient public 
servant, he should be removed. If any officer, except the 
Lieutenant Governor or a member of the General Assem- 
bly, is thought guilty of conduct which would justify his 
removal, he may be accused by a member of either house 
in open session. That house then proceeds to examine 
into the charges and gives the accused officer notice of the 
charges at least ten days before final action is taken on 
them. He thus has ample time to prepare and to pre- 
sent his defense. If two thirds of that house sustain the 
charges, they pass a resolution asking the Governor to re- 
move the officer. The charges are examined in like 
manner in the other house, and if two thirds of that body 
vote for the resolution, the joint petition is sent to the 
Governor, who, on its receipt, removes the officer from his 
position. By the use of this legal process, public officers 
false to their trust may be speedily removed. 

Commander in Chief . — The Governor is commander in 
chief of the army and navy of the State. As already 
stated, the State has no standing army, but supports by a 
small appropriation the Delaware division of the organized 
militia. He is in direct command of this force except 
when it is called into the service of the United States. 



THE GOVERNOR I 43 

To aid him in his work in connection with the organized 
militia he appoints a staff of officers who serve for four 
years without pay, except the Adjutant General, who 
receives $1000 per year. The Governor, as commander 
of the militia, commissions all the commissioned officers of 
the militia, is in direct command during the annual en- 
campment, and may call out all or any part of the militia 
into service whenever the public safety requires such 
action. In cases of strikes, uprisings, or public calamity 
of some kind, the local authorities may not be able to 
handle the situation ; the Governor then calls forth the 
militia to restore order or to assist in relief work. 

The State supports no navy, as this would be a needless 
expense. It does support two guard boats on Delaware 
bay ; one to guard the oyster beds along the Delaware side 
of the bay shore, and one to guard the sturgeon fishing 
industry. The Governor appoints those in charge of 
these boats, and also the officer known as the " oyster 
police." 

Information from Executive Officers. — To fulfill his du- 
ties properly, the Governor must be in constant touch with 
the affairs of the State. Whenever he desires information 
concerning a certain part of the State's business, he may 
require the head of the proper department to furnish in 
writing or orally the information he desires. As the 
law requires most of the executive officers to make to the 
Governor either an annual or a biennial report, he does not 
often exercise this power. 

Messages to the General Assembly. — It is the duty of 
the Governor to send to the General Assembly at the 
opening of each regular biennial session a carefully 
prepared message. In this message he gives it informa- 
tion concerning the affairs of the State, discusses condi- 



144 STATE GOVERNMENT 

tions which have arisen or may arise, calls to its attention 
important matters to be acted upon by it, and above 
all makes specific recommendations concerning desirable 
legislation. If there are wrongs to be remedied, public 
works to be begun, reforms to be instituted, internal con- 
ditions to be improved, the Governor calls attention to all 
these in his message. The interests of the farmers, of the 
business and professional people, of the laboring people, 
of the schools, and of other State institutions are dis- 
cussed, and often legislation for the improvement of their 
condition is recommended. This message is looked for- 
ward to with great interest. It is usually printed for dis- 
tribution and is always entered on the journals of both 
houses. 

At the opening of each special session the Governor 
likewise sends a message to the Assembly in which he 
calls its attention to the matters for the consideration of 
which it has been called into special session. 

During any regular or special session he may send to 
the Assembly such additional messages as he may think 
proper. All such messages are entered on the journals of 
the respective houses. 

Special Session. — Conditions may arise which make it 
necessary that certain legislation be passed at once. 
Under such extraordinary conditions the Governor may 
call a special session of the Assembly. He issues a for- 
mal proclamation in the name of the State, calling together 
the members of the two houses in special session to con- 
sider the important matters demanding their attention. 
In such proclamation he names the day on which the 
members are to assemble. On that day he sends them a 
message, stating the reasons for the special session and 
outlining the work to be done. 



THE GOVERNOR 145 

Should the two houses disagree on the matter of ad- 
journment of such a session, he may adjourn them to 
such time as he may think proper, but such period of ad- 
journment shall not exceed three months. The Governor 
does not call special sessions of the Assembly unless the 
business is such that it cannot be safely delayed until the 
next regular session. The expenses of a session, even 
though it be short, are large and are a severe drain on 
the State treasury. 

The Governor has the power to call the Senate alone 
into special session at any time by issuing a formal proc- 
lamation. Such sessions of the Senate are termed " ex- 
traordinary sessions" and are usually called for the pur- 
pose of confirming important appointments made by the 
Governor. 

Execution of the Laws. — It is the duty of the Governor 
to see that all the laws of Delaware are faithfully and im- 
partially administered. Law to be respected must be 
enforced rigidly and without showing favor to any one ; on 
the firm will and the executive ability of the Governor 
and on his prompt action will depend largely the respect 
shown to the laws of the State. If a law is disobeyed 
by a certain part of the people, he may force them into 
obedience, even though it be by use of the organized 
militia. Should disorder arise in any community and the 
execution of the laws and the usual occupations of the 
people be interfered with, the Governor may call forth 
the militia to restore order and to compel obedience. If 
minor executive officers are remiss in their duties, he may 
call their attention to such neglect of duty and force 
them to their work. 

Approving of Bills. — All bills or joint resolutions, orders, 
or votes to which the concurrence of both houses is 

GOV. OF DEL. — IO 



I46 STATE GOVERNMENT 

necessary, except on a question of adjournment, must be 
presented to the Governor for his approval or disapproval. 
The veto power is discussed at length in the chapter " How 
a Bill becomes a Law," p. 121. This is one of the most 
important powers of the Governor and is the final check 
on hasty or ill-advised legislation. 

Pardons, Reprieves, etc. — The Governor has the power 
to remit fines and forfeitures and to grant reprieves, com- 
mutations of sentence, and pardons, except in cases of 
impeachment, under such conditions as the constitution 
and the laws of the State may provide. This power and its 
exercise are discussed in the succeeding chapter, p. 159. 

Gubernatorial Succession. — Article III, Section 20, 
plainly shows the regular succession to the Governor's chair 
in case a vacancy should occur. "In case the person elected 
Governor shall die or become disqualified before the com- 
mencement of his term of office, or shall refuse to take 
the same, or in case of the removal of the Governor from 
office, or of his death, resignation, or inability to discharge 
the powers and duties of the said office, the same shall 
devolve on the Lieutenant Governor ; and in case of re- 
moval, death, resignation, or inability of both the Gov- 
ernor and Lieutenant Governor, the Secretary of State, or 
if there be none, or in case of his removal, death, resigna- 
tion, or inability, then the Attorney General, or if there be 
none, or in case of his removal, death, resignation, or 
inability, then the President pro tempore of the Senate, 
or if there be none, or in case of his removal, death, 
resignation, or inability, then the Speaker of the House of 
Representatives shall act as- Governor until the disability 
of the Governor or Lieutenant Governor is removed, or a 
Governor shall be duly elected and qualified. 

" The foregoing provisions of this section shall apply 



THE LIEUTENANT GOVERNOR 1 47 

only to such persons as are eligible to the office of Gov- 
ernor under this constitution at the time the powers and 
duties of the office of Governor shall devolve upon them 
respectively. 

"Whenever the powers and duties of the office of 
Governor shall devolve upon the Lieutenant Governor, 
Secretary of State, or Attorney General, his office shall 
become vacant ; and whenever the powers and duties of 
the office of Governor shall devolve upon the President 
pro tempore of the Senate, or the Speaker of the House 
of Representatives, his seat as a member of the General 
Assembly shall become vacant ; and any such vacancy 
shall be filled as directed by this constitution ; provided, 
however, that such vacancy shall not be created in case 
either of the said persons shall be acting as Governor 
during a temporary disability of the Governor." 

The Lieutenant Governor 

Next to the Governor, the Lieutenant Governor is the 
highest executive officer of the State. While his position 
is not so responsible as that of the Governor, nor his 
duties so arduous, his office is one of dignity and honor. 

Term, Qualifications, and Election. — The Lieutenant 
Governor is chosen at the same time, in the same manner, 
and for the same term as the Governor, and the same 
qualifications are required. 

Salary. — The Lieutenant Governor receives, besides 
his salary of $6 per day as presiding officer of the Senate 
(p. 108), $6 per day for each day he attends the sessions of 
the Board of Pardons. 

Duties. — The chief duty of the Lieutenant Governor 
is to act as the presiding officer of the Senate. The 
Senate is a highly deliberative body, and it is especially 



148 STATE GOVERNMENT 

fitting that the Lieutenant Governor should preside over 
it. Not being a member, he has no vote unless the Sena- 
tors are equally divided on a question. He presides at all 
impeachment trials by the Senate except when the Gov- 
ernor or he himself is being tried. According to a pro- 
vision of the constitution, he is a member of the Board of 
Pardons. In case of the death, resignation, or inability 
of the Governor to perform the duties of his office, the 
Lieutenant Governor takes his place. 



CHAPTER XII 
OTHER EXECUTIVE OFFICERS OF THE STATE 

To insure the execution of the laws of the State, many 
important officers are necessary besides the Governor, 
whose duties are discussed in the preceding chapter. 
The duties of other executive officers of the State are 
explained in this chapter. 

Secretary of State 

The Secretary of State is appointed by the Governor 
and holds office during the Governor's pleasure. He re- 
ceives a salary of $4000 per year. 

Duties. — The Secretary of State has many and varied 
duties. Only the most important may be enumerated here. 

He is the keeper of the great seal of the State and 
affixes it to such documents as the law authorizes. 

He keeps the " executive register." This is a record 
of all the official acts of the Governor, such as appoint- 
ments to office, vetoes, etc. He makes out all commissions 
for public officers (to be signed by the Governor), and 
affixes to them the great seal of the State. 

He issues licenses in blank form to the various officers 
who are empowered by law to grant them. 

He keeps all the enrolled copies of laws passed by the 
General Assemblies, and after each regular biennial 
session publishes such laws as have been made at that 
session. 

149 



150 STATE GOVERNMENT 

He is a member of the State Board of Education, of 
the State Board of Pardons, and of the Board of State 
Supplies. 

He keeps in good order the standard weights and 
measures deposited in his office, and sees that the dupli- 
cates in the hands of the Sealers of Weights and Measures 
are true and correct. 

He passes on all corporation matters and grants certifi- 
cates of incorporation under the corporation laws of this 
State. 

State Treasurer 

The State Treasurer is chosen on general election day 
for a term of two years by the voters of the State. He 
receives a salary of $1450 per year and five per cent of all 
franchise taxes collected through his office ; but the total 
amount of his salary may not exceed $5000 per year. Out 
of his salary he pays his clerk. 

Duties. — The State Treasurer is the custodian of the 
State's money, and is also the Trustee of the State School 
Fund, a member of the Board of Pardons, and a member 
of the Board of State Supplies. All moneys due the State 
as interest, taxes on corporations and companies, license 
fees, etc., are placed in his custody. He pays out such 
sums as may be appropriated by the General Assembly, 
or provided for under the statute law of the State. As 
Trustee of the School Fund he determines the amount 
of the " State dividend " to the schools each year as out- 
lined in the chapter on Education, p. 221. 

His accounts are audited each year by the Auditor of 
Accounts and by a joint committee of both houses of the 
Assembly. He makes a biennial report to the General 
Assembly. 



OTHER EXECUTIVE OFFICERS 151 

Auditor of Accounts 

The Auditor of Accounts is elected for a term of two 
years at the general election by the voters of the State. 
He receives a salary of $2000 a year. 

Duties. — It is the duty of the Auditor of Accounts to 
audit annually the accounts of such officers of the State 
and of the counties as may be designated by law. The 
accounts of the State officers and of the majority of county 
officers are audited by him. He also audits the accounts 
of the local School Commissioners and Boards of Edu- 
cation. 

He is also a member of the State Board of Education 
and of the Board of Pardons. 

Other duties of a varied nature are placed on him by the 
laws of the State. 

He makes a complete report to the General Assembly at 
its biennial session. 

Insurance Commissioner 

The State Insurance Commissioner is chosen by the 
voters of the State on general election day every fourth 
year for a term of four years. He receives a salary of 
$1500 per year as Insurance Commissioner and $500 per 
year as Bank Examiner. He is empowered to appoint one 
deputy whose salary is paid by the State. 

Duties. — The Insurance Commissioner exercises a gen- 
eral supervision over insurance matters. It is his duty to 
see that the life, fire, and miscellaneous insurance compa- 
nies which do business in this State are solvent, that their 
funds are properly invested, and that the securities are of 
the right character ; in every way it is his duty to see that 
the insurance companies doing business in this State are 



152 STATE GOVERNMENT 

such that the interests of the insured are protected. He 
requires the insurance companies to furnish him with an 
annual report. 

He collects through his office the revenue arising from 
the granting of " certificates of authority" to insurance 
companies, from the sale of licenses to insurance agents, 
and from the tax on premiums received by insurance com- 
panies from citizens of this State. The revenue from these 
sources is about $35,000 a year. 

The Insurance Commissioner also has general super- 
vision over banks other than national banks, over trust 
companies, and over building and loan associations. At 
intervals, according to the law, he is required to examine 
their condition. 

The General Assembly has passed a revenue act requiring 
all banks, State and National, and trust companies, to pay 
annually a tax on the capital and the surplus and undivided 
profits, less the county assessed valuation of the banking 
house. This tax, collected by the Insurance Commissioner, 
brings in about $19,200 a year. The total receipts of this 
office are about $55,000. 

Attorney General 

The Attorney General is elected on general election day 
by the voters of the State for a term of four years. He 
receives a salary of $2500 a year and may appoint three 
deputies, one in each county. 

Duties. — The Attorney General is the prosecuting 
officer in all cases in which the State is a party. Whenever 
a person is accused of crime, or in any case in which the 
State is a party, the Attorney General presents the evidence 
to the grand jury. He draws up all indictments. In each 
county he is aided in this work by his deputy in that 



OTHER EXECUTIVE OFFICERS I 53 

county. It can readily be seen that the duties of the 
Attorney General are both arduous and important. 

He is also the legal adviser of the Governor and the other 
officers of the State in matters pertaining to their duties. 

The Governor, when considering a bill presented to him 
for his signature, may request the opinion of the Attorney 
General as to its constitutionality. 

Factory and Workshop Inspector 

The Factory and Workshop Inspector is appointed by 
the Governor for a term of two years. He receives a sal- 
ary of $1000 per year. Child labor laws and the compul- 
sory school law have made this office important. 

Duties. — It is the duty of the Factory and Workshop 
Inspector to inspect the factories and workshops in this 
State in which minors are employed, for the purpose of 
determining whether due safeguards have been taken to 
preserve the health and strength of the workers, and 
whether sanitary conditions prevail. He reports to the 
Governor, to the Board of Health of Wilmington, and to 
the State Board of Health, each quarter, or more frequently 
if he thinks it necessary, the condition in which he finds 
such factories and workshops. 

By an act of the General Assembly, children under the 
age of fourteen years are generally not allowed to work in 
factories or workshops. As a rule, children between four- 
teen and sixteen years of age are not allowed to work in 
any factory or workshop unless they present to the employer 
a certificate showing that they have attended some recog- 
nized day or night school five times a week for at least 
twelve consecutive weeks within twelve months of the time 
when they are employed. This period of twelve weeks 
may be divided into two periods of six weeks each. The 



1 54 STATE GOVERNMENT 

certificate must be signed by the teacher or teachers of the 
child. The children between fourteen and sixteen years of 
age thus employed under a certificate are not allowed to 
work for more than nine hours a day or more than fifty- 
four hours in a week, and at least thirty minutes must be 
given for the noon meal. 

A child below the age of sixteen years may be employed 
in a factory or workshop if it is the means of supporting a 
widowed mother. In such a case the Factory Inspector 
issues at his discretion a certificate allowing the employ- 
ment of the child. The provisions of this child labor law 
do not apply to any person or corporation engaged in the 
carrying or preserving of fruits, vegetables, or provisions, 
or in the carrying on of any agricultural business, or to any 
person or persons, firm or corporation, engaged in the 
manufacture of fruit and berry baskets. 

It is the duty of the Factory Inspector to visit and inspect 
all places where goods are manufactured or sold in this 
State, and if he finds any violations of the child labor law 
he may prosecute the employer or employers violating the 
law. 

The State Library 

The State Library has its present home in the State 
House in Dover. This library is the repository for the 
books which are the property of the State. Bound copies 
of the laws of the General Assemblies, the bound copies of 
the journals of the two houses at each session, the reports 
of the decisions of the Judges of the courts, the reports of 
the various State officers — all these are placed in the State 
Library. Besides these the State receives from the other 
States of the United States and from the national govern- 
ment many books and reports. The library at present 
contains about 45,000 books and pamphlets. The State 



OTHER EXECUTIVE OFFICERS 1 55 

usually appropriates $500 a year to buy law books for the 
library. 

State Librarian. — The Library is in charge of the State 
Librarian, who is appointed by the Governor for a term of 
two years at a salary of $800 per year. 

The Library is used mostly by the State officers and by 
attorneys, but private citizens would not be denied the 
reasonable use of the books. 

The Librarian is also the secretary of the State Library 
Commission, and the custodian of the State House. 

Notaries Public 

Notaries Public are officers legally authorized to take 
depositions and affidavits to be used in this State and to 
take acknowledgment of deeds and other instruments. 
Notaries Public are appointed by the Governor for a term 
of four years and are commissioned by him. They are 
paid wholly by fees. The law provides for fifty-five gen- 
eral Notaries for New Castle county, five for Kent, and 
five for Sussex county. Every bank or trust company in 
the State is also entitled to a Notary Public. By act of 
the General Assembly the Governor may be authorized to 
appoint additional Notaries. Whenever a Notary is ap- 
pointed for some bank or trust company, his power is 
limited to such papers as directly concern the bank or 
trust company for which he is appointed. 

As a general custom, there is at least one Notary Pub- 
lic in each Representative district. Every Justice of the 
Peace has also the powers of a Notary Public. 

Commissioners of Deeds 

The Governor has the power to appoint Commissioners 
of Deeds for the State of Delaware in the other States of 



156 STATE GOVERNMENT 

the United States. These Commissioners of Deeds are 
appointed for a term of four years and are paid only by 
their fees. 

It often becomes necessary that persons in near-by or 
perhaps in distant States shall make depositions or affida- 
vits for use in this State. It would be unjust to compel 
such persons to appear before a Justice or Notary in 
Delaware, hence the Governor is empowered to appoint 
these Commissioners in the States of the United States, 
with power to take depositions and affidavits to be used in 
this State, and also to take the acknowledgment of deeds 
and other instruments. 

Commissioner of Fish and Fisheries 

The Commissioner of Fish and Fisheries is appointed by 
the Governor for a term of two years. He receives a salary 
of $500 per year. 

Duties. — It is the duty of the Fish Commissioner to 
receive from the United States Fish Commissioner or 
from any other source, any eggs, fry, or other forms of food 
fish and distribute them in the waters of Delaware in as 
nearly equal proportions as may be. He has general su- 
pervision of the fishing rights of the State of Delaware, 
and it is his duty to enforce the laws of the State per- 
taining to fish and fisheries. He is empowered to arrest 
persons violating such laws. 

Oyster Revenue Collector 

The Oyster Revenue Collector is appointed by the Gov- 
ernor for a term of two years. He receives a salary of 
$700 a year. 

Duties. — It is the duty of this officer to collect the 
revenue arising out of the oyster planting and fishing 



OTHER EXECUTIVE OFFICERS 1 57 

industry. The oyster industry in the bay has become 
important. The revenue comes from four sources : oyster 
plantation revenue, tonnage on boats on oyster plantations, 
tongers' licenses, and licenses for menhaden boats. 

It is his duty to enforce the laws of the State concern- 
ing oyster plantations and the taking up of oysters. The 
State oyster guard boat which patrols that part of the bay 
in which the oyster beds are situated is under his control, 
and he appoints the crew of the boat. 

State Detectives 

There are two State Detectives. They are appointed 
by the Governor for a term of two years and each receives 
a salary of $1200 a year. 

It is their duty under the direction of the Attorney 
General to ferret out crime, and they may make arrests 
throughout the State. Requisitions for the return of 
persons arrested in other States and wanted in this State 
are served by them whenever such requisition papers are 
issued by the Governor. 

State Chemist 

The person occupying the chair of Professor of Chemistry 
in Delaware College is, ex officio, State Chemist. As State 
Chemist he has his laboratory at Delaware College. He is 
paid by fees which the law fixes. 

It is the duty of the State Chemist to analyze annually 
samples of all fertilizers sold or offered for sale in this 
State. In April and in August of each year he publishes 
the results of his analyses in two newspapers in each 
county of the State. Every package of fertilizer sold in 
the State must have the State Chemist's analysis printed 
on it. 



158 STATE GOVERNMENT 

State Boards and Institutions 

Various executive powers of the State are vested in 
Boards provided for by the constitution or created by acts 
of the General Assembly. 

State Board of Pardons 

Under certain conditions it is wise and just to par- 
don persons who have been sentenced, to shorten their 
term of imprisonment, or to lessen the fine which may have 
been imposed. A person may have been accused, tried 
and imprisoned for an offense, and evidence may later be 
discovered which proves him innocent. In such case there 
should be some way to free him from prison. A person 
sentenced to death on being found guilty of a capital crime, 
may desire a little longer period of life in which to discover 
new evidence in his favor or for some other reason. In 
such case there should be provision that a reprieve or stay 
of execution can be granted. It not infrequently happens 
that imprisoned persons show by their conduct in the jails 
that they have fully repented and have determined to lead 
better lives. As our prisons are places of reformation as 
well as of punishment, there should be some provision by 
which the term of imprisonment of such persons may be 
shortened or by which they may be set free. It is not 
an infrequent occurrence that the close confinement of a 
prison destroys the health of a prisoner, and if the term is 
sufficiently prolonged, it may cause his death. In such 
cases, also, it is sometimes wise to release the prisoner. 

To meet the necessities arising out of such cases the 
constitution provides that the Governor may act in some 
cases alone, in others in conjunction with the State Board 
of Pardons. But no pardon, reprieve, or commutation of 
sentence may be granted in impeachment cases. 



OTHER EXECUTIVE OFFICERS • 1 59 

How Composed. — The State Board of Pardons is com- 
posed of the Chancellor, Lieutenant Governor, Secretary 
of State, State Treasurer, and Auditor of Accounts. It 
has been the custom to choose the Lieutenant Governor as 
president of the Board and the Secretary of State as the 
secretary of the Board. The Lieutenant Governor receives 
$6 per day for each day he serves on this Board ; the 
other members receive no compensation for this service. 

The Board holds its meetings on the first Thursday of 
each month. 

The Granting of Pardons, Reprieves, Commutations, etc. 
— The Governor has the power to grant a reprieve for less 
than six months, or to remit a fine or forfeiture if he thinks 
it right for him to do so. He may also grant pardons, 
reprieves for more than six months, and commutations of 
sentence, but only on the recommendation of the Board 
of Pardons. 

A prisoner, through an attorney or friends, may appeal 
to the Board for a reprieve, commutation, or pardon, as 
the case may be, by sending to the Board at least ten days 
before its meeting a copy of the court proceedings during 
his trial and a brief prayer or statement giving the reasons 
why the relief is asked for. The Attorney General and 
each Judge who sat in the case when it was tried must be 
given notice of an application to be filed. The fact that 
these Judges and the Attorney General have been notified 
is shown by their signing the notice. The Board then 
examines the court proceedings and considers the reasons 
advanced by the prisoner and his attorney or friends. 
The Board may call on the Attorney General for addi- 
tional information. If after due deliberation it decides to 
grant the request, the Board authorizes the Governor to 
issue the reprieve, commutation of sentence, or pardon. 



160 STATE GOVERNMENT 

State Board of Agriculture 

The State Board of Agriculture is composed of three 
Commissioners, one from each county, appointed by the 
Governor for a term of three years. Not more than two 
of them may be of the same political party. For their 
services the Commissioners receive each $4 per day and 
actual traveling expenses for not more than twenty days in 
each year. 

The Board chooses each year a corresponding secretary 
upon whom devolves a large share of the work of the 
Board. The Assembly provides by enactment a certain 
sum for the use of the Board each year. 

Duties. — As the wealth of Delaware is largely centered 
in its agricultural interests, the work of this Board is very 
important. Its chief duty is "to abate, suppress, eradicate 
and prevent . . . the San Jose scale, peach yellows, pear 
blight, and all other contagious and infectious and inju- 
riously dangerous diseases of fruit trees, plants, vegetables, 
cereals, horses, cattle and other farm animals; to devise 
and execute measures necessary for the development of 
the agricultural interests of the State ; to devise such 
plans for securing immigration to this State of industrious 
and useful settlers as it may consider advisable, and to exe- 
cute such plans in the manner prescribed by law . . ." 

To accomplish this work the Board has the power to 
appoint such inspectors of orchards, agents, etc., as may 
be necessary ; the expenses of the Board for a year, how- 
ever, must not exceed the appropriation for this purpose 
made by the General Assembly for that year. The Board 
at intervals sends inspectors to examine the orchards, etc., 
throughout the State to detect and mark trees which are 
diseased. Such trees should be dug up and burned. To 



OTHER EXECUTIVE OFFICERS l6l 

prevent diseased trees or shrubs from being sent into this 
State, all nursery stock sent into the State must bear a 
certificate showing that it was examined by the proper 
officer in the State from which it was shipped, and that it 
is free from diseases. Nursery stock shipped from nurs- 
eries in this State must bear a similar certificate. 

The Board encourages the immigration of desirable set- 
tlers by sending out pamphlets containing information con- 
cerning the State. 

The Board also diffuses information among the agricul- 
turists of the State through the Farmers' Institutes by 
appointing a Director to cooperate with the Institutes held 
in each county several times a year by the local agricul- 
tural societies or granges. The officers of the Board, the 
members of the staff of the Experiment Station, and suc- 
cessful farmers address these Institutes; conferences are 
held, opinions interchanged, and experiences are related. 

State Library Commission 

The State Library Commission is a body created by the 
General Assembly for the purpose of promoting the estab- 
lishment of public libraries and to exercise a general super- 
vision over them. The Commission has nine members 
appointed by the Governor for a term of five years. The 
State Librarian is the secretary of the Commission, but 
has no vote. The members receive no compensation ex- 
cept their necessary expenses incurred in attending the 
meetings. 

The Commission has general supervision over all the 
libraries in this State established under the act of the 
General Assembly encouraging such libraries. It may 
spend a sum not exceeding $700 a year in carrying on 
this work. 

GOV. OF DEL. — II 



1 62 STATE GOVERNMENT 

The library law provides that each school district in the 
State may also become a library district. These districts 
are divided into seven classes, depending on the amount 
raised for school purposes by local taxation. The school 
voters in a district may ask the Board of Education to 
hold a special election for the purpose of deciding whether 
or not the district shall have a library. If the voters 
decide to have a free library, they elect a local Library 
Commission, the number of members of which is deter- 
mined by the class in which the district is. The local 
Board of Education or School Committee must then levy 
an additional tax not less than the minimum sum laid down 
in the law for a district of that class. The local Library 
Commission then notifies the State Library Commission 
that the district has complied with the library law. The 
State Library Commission, on receipt of this notification 
and after ascertaining its correctness, notifies the State 
Treasurer, who pays out of the State funds to the local 
Library Commission a sum equal to one half the minimum 
sum required to be raised in the district by taxation. 

In this way each school district in the State can have a 
free library. Some districts have complied with the re- 
quirements of the law and have libraries, but more interest 
should be awakened in the districts throughout the three 
counties. 

The State Library Commission has now a number of 
" traveling libraries," which it sends all over the State. 
These libraries usually have fifty well-chosen books packed 
in a strong case. Most of them have been presented to 
the Commission, but it is adding new libraries each year 
by purchase. These libraries are sent to such schools, 
academies, granges, lodges, clubs, etc., as comply with the 
simple requirements of the Commission. Through these 



OTHER EXECUTIVE OFFICERS 1 63 

libraries, the rural districts may have access to a good 

collection of books at absolutely no cost. 

The work of the Commission is of growing importance. 

The Commission makes a biennial report to the General 

Assembly. 

State Board of Health 

The State Board of Health is composed of seven 
physicians : three from New Castle county, two from 
Kent county, and two from Sussex county. The mem- 
bers are appointed by the Governor, and the term of one 
from each county expires every two years. They receive 
no compensation except their necessary expenses. They 
choose a secretary who may or not be a member of the 
Board, who receives an annual compensation fixed by 
them, and who holds office until removed by the Board. 

This Board holds stated meetings at least once every 
six months ; four members constitute a quorum. The 
Board of Health has the power to encourage the estab- 
lishment of local Boards of Health, and may require re- 
ports from them. It may also require reports from public 
institutions and may at any time make inspections of 
hospitals, prisons, asylums, and almshouses. It may abate 
public nuisances, take measures to stop the spread of con- 
tagious and infectious diseases, and may employ agents 
to carry out its orders. 

By an act of the General Assembly a Pathological and 
Bacteriological Laboratory has been established at Delaware 
College. This laboratory is under the supervision of the 
State Board of Health. At its annual meeting the first 
Thursday of April the Board elects a Pathologist and 
Bacteriologist and fixes his salary. All physicians, den- 
tists, and veterinary surgeons may send blood, sputum, and 
other specimens to the laboratory at Newark for exami- 



164 STATE GOVERNMENT 

nation ; the Pathologist and Bacteriologist makes the ex- 
aminations without cost to the sender, and reports to him 
the result of the test. The Attorney General may also 
send an organ or organs of a human body to the laboratory 
for examination and may require a report. 

The General Assembly provides an appropriation of 
$2500 to meet the expenses of the State Board of Health. 

Board of State Supplies 

The Governor, Secretary of State, and State Treasurer 
are the members of the Board of State Supplies. Any 
two constitute a quorum. 

This Board buys all the supplies of the State, including 
stationery, printing, paper, and fuel used in the Legislature 
and other departments of the State government; it has 
control of the printing, binding, and distributing of the 
laws, journals, official reports, and all other State printing 
and binding, and of the repairing, furnishing, and heating 
of the State House. 

All State officers and Boards must annually in the month 
of March certify in writing to the Board of State Supplies 
the amount, kind, and quality of the supplies it will need 
for the ensuing year. The Board then advertises for bids 
and awards the contracts for the needed supplies. 

Division of Public Records 

This State, with a history reaching many years into the 
past, has valuable State and county papers of historical 
and legal interest. These papers, if not cared for by ap- 
proved methods, will crumble and thus be lost. A Division 
of Public Records has therefore been created by the General 
Assembly, to collate, catalogue, and prepare for preserva- 
tion valuable State and county papers and records. 



OTHER EXECUTIVE OFFICERS 1 65 

The Division of Public Records is composed of six per- 
sons, two from each county, appointed by the Governor 
for a term of two years. They serve without pay. 

Board of Pilot Commissioners 

The Board of Pilot Commissioners is composed of five 
persons who are acquainted with the navigation of the 
Delaware bay and river. The members are appointed by 
the Governor for a term of five years. The Board holds 
its meetings in Wilmington on. the first Mondays of May 
and November; three members constitute a quorum. 

According to the laws of the State, every ship over a 
certain size that goes up Delaware bay and river must have 
on board a licensed pilot. It is the duty of the Board of 
Pilot Commissioners to examine persons who desire pilot 
licenses. According to the law there may be at no one 
time more than forty pilots of the first class and ten pilots 
of the second class. The fees which pilots may charge for 
taking ships up or down the river and bay are fixed by law. 

Medical Council of Delaware and State Boards of Medical 

Examiners 

The Medical Council of Delaware is composed of the 
Chief Justice and the Presidents of the two State Boards 
of Medical Examiners. Each member receives $5 per 
day and necessary expenses for no more than three meet- 
ings a year. The Council holds at least two meetings a 
year, at which it grants certificates for license to persons 
recommended by the State Boards of Medical Examiners. 

There are two Boards of Medical Examiners : one to 
represent " The President and Fellows of the Medical 
Society of Delaware," and one to represent "The Home- 
opathic Medical Society of Delaware." Each Board has 



1 66 STATE GOVERNMENT 

five members chosen by the Governor for a term of two 
years from nominations made by the respective medical 
societies. Each Board holds at least two stated meet- 
ings a year, and a majority constitutes a quorum. The 
members of the Boards receive each $5 per day and nec- 
essary expenses for no more than five meetings per year. 
The State Treasurer pays to the treasurer of the Med- 
ical Council $300 per year to meet the expenses of the 
Boards. 

Every person to practice medicine or surgery in this 
State must be a graduate of some approved medical school 
and must be properly licensed, usually after taking the 
examinations of one of the two Boards and paying a fee of 
$10. The questions asked by each Board in such examina- 
tions must be previously submitted to the Medical Council 
for approval. Each Board notifies the Medical Council of 
the names of the applicants who successfully pass the ex- 
aminations. The Medical Council then, at its discretion, 
grants to the applicant a certificate for license which en- 
ables him to secure from the Clerk of the Peace of any 
county a license to practice medicine in the State. 

The Medical Council may for sufficient cause revoke 
the license of a physician. It may, on recommendation of 
either Board, grant to a physician who has been examined 
successfully by the Medical Board of another State a cer- 
tificate for license on the payment of a fee of $50. 

State Board of Dental Examiners 

The State Board of Dental Examiners consists of five 
reputable dentists appointed by the Governor for a term 
of four years. The Board holds stated meetings at least 
once every three months. 

It is the duty of this Board to examine such persons as 



OTHER EXECUTIVE OFFICERS 1 67 

desire to practice dentistry in this State. Every applicant 
must pay a fee of $10 to the Board, and if he passes the 
examinations successfully, he is granted a certificate and 
may secure a license. No person may practice dentistry in 
this State who does not possess the required license. 

State Board of Pharmacy 

The State Board of Pharmacy is composed of five 
licensed pharmacists, appointed by the Governor for a 
term of five years. The Board elects from its membership 
a president and a secretary. It meets at least four times a 
year. The secretary receives a salary not exceeding $150 
a year and his necessary expenses. The other members 
receive $5 per day for each day spent in their official duty, 
but no member may receive more than $300 per year. 

It is the duty of the Board to enforce the laws .of the 
State concerning pharmacists. It examines all persons who 
desire to act as pharmacists or assistant pharmacists, and 
licenses such as it may deem qualified under the law, for a 
period of three years. 

Board of Veterinary Medical Examiners 

The Board of Veterinary Medical Examiners has three 
members appointed by the Governor for a term of three 
years. They receive no fixed compensation. The Board 
meets at least twice a year. 

This Board examines persons who wish to practice as 
veterinarians, provided they have a diploma from some 
school of veterinary medicine which is acceptable to the 
Board. Such persons as pass the examinations are licensed 
by the Board to practice as veterinarians in this State. 
Each person licensed must pay a fee of $10 for the use of 
the Board. 



1 68 STATE GOVERNMENT 

Delaware State Hospital 

The Delaware State Hospital is situated at Farnhurst. 
It is an institution devoted to the care of the insane, the 
feeble-minded, and tuberculosis patients from the State. 

Board of Trustees. — The institution is under the control 
of a Board of Trustees. There are three members from 
each county, one of whom must be a physician, and not all 
of whom may be of the same political faith. The members 
of the Board are appointed by the Governor for a term of 
three years. They receive $4 per day and 3 cents per 
mile for each mile traveled going to and returning from 
the meetings ; but such compensation may not be given for 
more than twelve meetings a year. 

The Board holds its stated meetings on the first Thurs- 
day of every month, and five members constitute a quorum. 

It is the duty of the Board to make rules and regula- 
tions for the government of the institution, and it appoints 
the necessary officers, such as physicians, stewards, ma- 
trons, nurses, attendants, and such other help as may be 
necessary. 

Support of the Institution. — The General Assembly makes 
a biennial appropriation for the support of the institution. 
The farm connected with the institution provides some of 
the necessary supplies. Some of the patients pay a cer- 
tain sum per day for each day they are in the Hospital. 
The Trustees make a biennial report to the Governor, 
showing the condition of the institution and the manner 
in which the funds have been expended. 

Admission. — Persons may be committed to the Hospital 
by the Chancellor or by any court of the State. Persons 
may also be admitted on the certificate of two reputable 
physicians of the county in which the patient resides, in 



OTHER EXECUTIVE OFFICERS 1 69 

which certificate they state that they have each separately 
examined the patient and found him insane. This state- 
ment must be sworn or affirmed to before a judicial officer. 
The certificate must be accompanied by an order for ad- 
mission signed by one or more Trustees. Certain persons 
may ask for admission themselves, and at the discretion of 
the physician in charge may be admitted on the payment 
of $2 per day. 

Organized Militia of Delaware 

There are two reasons why the people or part of them 
should be drilled in military maneuvers and in the use 
of arms. 

First, it may happen in time of war that the regular 
army of the United States may not be strong enough to 
defend the interests of the nation; then there should be 
some trained reserve force that can be called out. 

Second, a disturbance may break out within the State 
which the regular peace officers cannot subdue; the Gov- 
ernor should then have at his disposal an armed force that 
may be called out to restore order. 

For these reasons the General Assembly has provided 
for what is known as the organized militia of Delaware. 
This is composed of men engaged in the usual occupations, 
but who once a week or oftener assemble to drill and study 
military science and art. It is well for young men to ally 
themselves with this organized militia. Membership there- 
in is an expression of love for country, and the training 
gives to the officers and men moral as well as physical 
erectness. 

Organization of Militia. — The Governor by virtue of his 
office is Commander in Chief of the organized militia (see 
p. 143). The General Assembly passed an act in 1907 



I/O STATE GOVERNMENT 

under the provisions of which the militia is organized and 
governed. The militia comprises one regiment of infantry, 
of not more than 675 men, including the usual officers. 
The company officers are chosen by the members of the 
company ; the regimental officers are chosen by the com- 
missioned officers of the companies ; the staff officers are 
appointed by the Governor, who also commissions all the 
commissioned officers of the militia. 

Enlistment. — All able-bodied male citizens of this State 
between the ages of eighteen and forty-five are eligible for 
enlistment in the militia. 

Support. — The arms, ammunition, and certain other sup- 
plies for the militia are provided by the United States 
government. The General Assembly makes an appropri- 
ation of about $7500 a year for the use of the militia. 
The commissioned officers of a company receive a small 
allowance to aid in paying for their uniforms; the enlisted 
men receive no pay. 

Drill and Encampment. — Each company meets at stated 
intervals at its arsenal to drill and to study the manual of 
arms. It has been the custom to hold an encampment of 
the militia for about six days each year for the purpose of 
training the men in field maneuvers. During the encamp- 
ment the officers and men are paid according to a fixed 
scale. 

Service. — It is very seldom that it becomes necessary to 
call the militia into actual service; but when the necessity 
arises, the Governor may call out any or all of the com- 
panies in the regiment. 



CHAPTER XIII 

THE DELAWARE COURTS 

Courts are established to administer justice. If a man 
is accused of a crime, if there is a dispute between two 
parties, if there is any point of law in dispute, any wrong 
to be righted, it falls to the courts to try the cause and to 
administer justice according to the law. The courts are 
a very ancient institution. In the earliest times of the 
world's history the head of the tribe or the king was the 
interpreter of the law as well as the lawmaker; all disputes 
were brought to him for settlement, all persons accused of 
crime were tried by him. As time went on, men came to 
believe that no one man was able at all times and in all 
causes to administer justice. Bad kings or chiefs misused 
their power. As a consequence, the people demanded that 
crimes and disputes should be tried by a body of their 
fellow-men rather than by one man. The rulers did not 
give up their right without a struggle ; but even in early 
times we find legal bodies resembling our present courts. 
There is no civilized country to-day which does not have 
some system of courts. 

The Delaware Courts. — Our system of courts in Delaware 
is modeled largely after the system in old England; but our 
different needs have made some changes necessary. The 
present judicial system was established by the constitu- 
tion of 1897. This constitution vests the judicial power of 
our State in the following courts : 

171 



172 STATE GOVERNMENT 

Supreme Court, 

Superior Court, 

Court of Chancery, 

Orphans' Court, 

Court of Oyer and Terminer, 

Court of General Sessions, 

Register's Court, 

Justices of the Peace. 

Inferior courts may be established by the General Assem- 
bly whenever two thirds of the members of both houses 
think such additional courts necessary. The Municipal 
Court of Wilmington (p. 53), and the judicial powers of 
certain town officers (pp. 28, 29), have already been 
described. 

The Organization of a Court. — A court is an organized 
body, whose proceedings are marked by dignity and im- 
partiality. The machinery of a court is very complex. 
We shall examine only into the duties and powers of the 
important officers of the court. The chief officers are : 

The Judges, 

The Jury, 

The Attorney General and Deputies, 

The Attorneys at Law, 

The Clerks, 

The Stenographers, 

Sheriff, Coroner, Crier. 

The Judges are the most important officers of the court ; 
in fact, the Judges of our courts are in many respects the 
most important officers of our commonwealth. Their posi- 
tion is one of great dignity and honor, and they are the 
interpreters and expounders of our laws. So long as our 
Judges are strong, fearless, wise, impartial men, so long 



THE DELAWARE COURTS 173 

will men be able to secure justice. It has often been re- 
marked, by foreign writers on government in the United 
States, that in no other country in the world are such 
capable, trustworthy, and honorable men on the bench. 

There are six Judges for the courts, — namely, the Chief 
Justice, .the Chancellor, and four Associate Judges. The 
Chancellor, Chief Justice, and one Associate Judge may 
be appointed from and reside in any part of the State. 
The other three Associate Judges may be appointed from 
any part of the State, but one of them must reside in each 
county. Not more than three out of the five law Judges 
in office at any one time may be appointed from the same 
political party. The Judges are appointed by the Gov- 
ernor for a full term of twelve years, no matter whether 
the vacancy occurs by expiration of term or otherwise. 
The appointment must be confirmed by the Senate ; if the 
Senate is not in session, the Governor must call a special 
session for the purpose within thirty days after the 
vacancy occurs. The Chief Justice and Chancellor re- 
ceive each a salary of $4500 per year, the Associate 
Judges $4000 per year. They may hold no other office of 
profit. 

It is the duty of the Judges to hold the courts, decide 
points of law, determine what evidence shall be admitted, 
and at the end of the trial instruct the jury upon the law 
in the case. It is their duty to discharge persons found 
not guilty, and to pronounce sentence on those found 
guilty. It is the particular duty of the Judges to secure 
an impartial trial for both parties. Besides these, the laws 
of the State have vested in them many other important 
duties. 

Trial by Jury. — The constitution guarantees to every 
man accused of crime an impartial trial. Most civil and 



174 STATE GOVERNMENT 

criminal cases are tried by jury. The persons who may 
be drawn as jurors in each county are selected by Jury 
Commissioners. Two Jury Commissioners for each county 
are chosen by the Chief Justice and the four Associate 
Judges in the month of March each year for a term of one 
year. They receive $10 each for every jury drawn by them. 

All persons qualified to vote at the general election may 
be called upon to serve as jurors, except public officers 
of this State or of the United States, attorneys at law, 
ordained ministers of the Gospel, officers of colleges and 
teachers of public schools, practicing physicians, surgeons 
and pharmacists regularly licensed, cashiers of incorpo- 
rated banks, and all persons over seventy years of age. 
All persons drawn as jurors must serve unless for some 
urgent reason they are excused from service by the court. 
Persons drawn as jurors receive a fee for each day they 
are in service. 

Grand Juries. — Before a man accused of crime may be 
tried by a petit jury, the charges against him must have 
been examined by a " grand jury," and a " true bill " found. 

A grand jury is composed of twenty-three men. The 
Jury Commissioners for each county in December of each 
year select from the citizens of their county the names of 
one hundred sober and judicious persons to serve (if sum- 
moned) as " grand jurors." These names are taken from 
the various Representative districts in such proportion as 
the Commissioners think proper, and the names from each 
district are placed in a box marked " Grand Jurors." 
Fifteen days before the commencement of the first ses- 
sion in each year of the Court of General Sessions of their 
county, the Commissioners draw from these boxes the 
names of twenty-four persons, apportioned as equally as 
may be among the Representative districts. One of these 



THE DELAWARE COURTS 1 75 

men is excused by the court, so that the grand jury may 
not be equally divided on a question. The remaining 
twenty-three act as the grand jury for the courts held in 
the county during the following year. Persons drawn as 
grand jurors are notified in writing by the Sheriff of their 
county within five days of the ensuing term of the Court 
of General Sessions. 

The chief duty of the grand jury is to examine the 
evidence against persons accused of crime and then to 
determine if it is sufficient to warrant a trial. The 
Attorney General of the State furnishes the evidence 
against the accused person. If the grand jury decides 
that the evidence is sufficient, it finds a " true bill" against 
him and he is tried. If it considers the evidence insuffi- 
cient, the bill is " ignored." 

Petit Juries. — A petit jury is composed of twelve men 
for the trial of both civil and criminal cases. 

The Jury Commissioners in each county select the names 
of one hundred and fifty sober and judicious men (excluding 
all names selected for grand jury service) of their county 
to serve, if summoned, as petit jurors. The names from 
each Representative district are placed in a box marked 
"Petit Jurors." Fifteen days before the commencement 
of each session of the Court of General Sessions and of 
the Superior Court, the Jury Commissioners draw from 
these boxes thirty names in Kent county, thirty in Sussex 
county, and forty in New Castle county, to serve as petit 
jurors at the coming session, this number in each county 
making what is known as a panel. If the Superior Court 
and the Court of General Sessions sit at the same time in 
a county, the Commissioners draw only one panel, 
the men drawn being liable to jury service in either 
court. No person drawn as a petit juror in New 



176 STATE GOVERNMENT 

Castle county serves for more than two weeks unless 
he has been drawn as a juror in a cause in which 
a verdict has not been rendered, in which case he 
serves until discharged by the court. At such other 
times as the court may designate, the Jury Commissioners 
draw an additional panel of jurors. For a Court of Oyer 
and Terminer, sixty-four petit jurors are drawn ; but if the 
Court of General Sessions or the Superior Court is in 
session at the same time, then the panel for either of these 
courts forms part of the panel of sixty-four for the Court 
of Oyer and Terminer. The Sheriff of each county must 
give notice in writing within five days to every person 
drawn as a petit juror. 

The names of the persons drawn as petit jurors for a 
term of a court are written on separate pieces of paper and 
placed in a box by the Prothonotary or the Clerk of the 
Peace. Whenever a jury is required by the court for a 
case, twelve names are drawn from the box. A person 
thus drawn as a juror may be " challenged" for cause by 
the attorney for either side of the case, and if the cause is 
sustained by the court, he cannot serve on the jury, and 
a new name is drawn. The number of jurors that may 
be " challenged " and the method are determined by the 
statute laws. 

The Attorneys at Law. — In the early days of the courts, 
certain men, learned in the law, or gifted with power of 
speech, undertook for a fee to plead the causes of others 
in the courts. Such great men as Demosthenes, Cicero, 
and Isocrates were among the early pleaders in the courts, 
and were the distinguished forerunners of our modern at- 
torney. As the method of procedure in the courts is very 
complex, the ordinary man finds himself under the neces- 
sity of employing some one to undertake his cause. The 



THE DELAWARE COURTS 1 77 

meeting of this demand has become the work of the legal 
profession. 

A lawyer or attorney is an officer of the courts employed 
by a party to defend or prosecute his rights. To become 
an attorney, a man must have been a student of law for at 
least three years under the direction of some attorney who 
has practiced at least ten years, must be twenty-one years 
of age, must be a resident of the State, and must pass 
an examination before a Board of Examiners appointed by 
the Superior Court. If he passes these examinations, 
he is formally sworn in as an attorney and is qualified to 
practice in the courts of this State. Should he abuse his 
privileges or be guilty of conduct unbecoming an attorney, 
he may be disbarred by the Judges and thus be prevented 
from exercising the duties of an attorney. As his client's 
cause is in his hands, it is very necessary that an at- 
torney should be a man of high moral and intellectual 
attainments. 

Clerks. — Each court has a clerk whose duty is to keep 
a record of its proceedings, issue such papers as his court 
may direct, and keep on file in his office the records of the 
trials, verdicts, sentences, judgments, and fines of his court. 

Stenographers. — The Superior Court has as one of its 
officers an official stenographer. It is his duty to attend 
all the sessions of the court in the three counties, and keep 
a careful record of all evidence, opinions, and other mat- 
ters, as the court may order. These records are preserved 
and referred to when any matter included in them is in 
dispute. The stenographer is appointed by the Court, 
and may be removed at any time by the court. 

The Chancellor may also appoint a stenographer for 
the Court of Chancery. 

Other Officers. — The Sheriff and Coroner are important 

GOV. OF DEL. — 12 



178 STATE GOVERNMENT 

officers of the court (see pp. 70-72). The court ap- 
points a crier, who opens and closes court at the order of 
the Judges, and tipstaves, who preserve order. 

The Supreme Court 

The Supreme Court is the highest court of the State. 
It is a court of appellate jurisdiction, that is, it hears ap- 
peals in causes that have been tried in a lower court. It 
has no jurors. 

How Composed. — The Supreme Court upon writ of 
error to the Superior Court, Court of Oyer and Terminer, 
or Court of General Sessions, or upon appeal from the 
Court of General Sessions, consists of the Chancellor and 
such of the five other Judges as did not sit in the case 
in the lower court. The Chancellor presides, or in his 
absence the Chief Justice ; if both are absent, the senior 
Associate Judge present presides. Any three of the Judges 
qualified to sit in the case constitute a quorum, and one 
may open and adjourn court. 

The Supreme Court, upon an appeal from the Court 
of Chancery, consists of the Chief Justice and the four 
Associate Judges. The Chief Justice presides, or, in his 
absence, the senior Associate Judge. 

Whenever, for legal or other reasons, no three of the 
Judges are able to sit in a cause, the Governor appoints a 
" Judge ad litem " to sit in the cause, whose commission 
expires when the cause is determined. It is seldom that 
the appointment of such a Judge becomes necessary. 

Terms. — There are two terms of the Supreme Court 
each year, the first commencing on the third Tuesday in 
January, and the second on the third Tuesday in June. 
The Chancellor may call special sessions when necessary. 
The court holds its sessions in Dover. 



THE DELAWARE COURTS 1 79 

The Clerk of the Supreme Court has power to issue all 
process from the Supreme Court, and keeps in his office 
at Dover all the records, books, and papers belonging 
to the court. He is appointed by the Governor for a term 
of four years. It has been the custom to appoint the 
Prothonotary of Kent county as the Clerk of the Supreme 
Court. The Sheriff of Kent county is by law designated 
as the officer to execute the process and orders of this 
court. 

Jurisdiction. — There is but one Supreme Court for the 
State, to which all appeals from the various counties are 
carried. Its decisions are final. Its jurisdiction is defined 
in the constitution. 1. It may issue writs of error to the 
Superior Court, and may determine finally all matters in 
error in the judgments and proceedings of the Superior 
Court. 2. On the application of the accused after con- 
viction and sentence, it may issue writs of error to the 
Court of Oyer and Terminer and to the Court of General 
Sessions in all cases in which the sentence is death, im- 
prisonment exceeding one month, or fine exceeding one 
hundred dollars, and in such other cases as are provided 
by law. It determines finally all matters in error in the 
judgment and proceedings of the Court of Oyer and 
Terminer and the Court of General Sessions ; but it can 
issue no writ of error to the Court of General Sessions in 
cases of prosecution for election offenses. 3. It may re- 
ceive appeals from the Court of General Sessions in bribery 
cases, etc., as outlined in Article V, Section 13, of the con- 
stitution. 4. It may receive appeals from the Court of 
Chancery. 

The Superior Court 

The Superior Court holds sessions in each of the three 
counties. The Prothonotary of each county is the clerk 



180 STATE GOVERNMENT 

of the Superior Court sessions held in his county, and the 
Sheriff of each county executes the process and orders of 
this court. 

How Composed. — The Chief Justice and the four Asso- 
ciate Judges are the Judges of the Superior Court. These 
five Judges meet in the spring or summer of each year 
and decide which of them shall hold the Superior Court 
in each of the three counties. Whenever possible three 
Judges sit in the Superior Court, but not more than three 
may sit at one time. As only two Judges are necessary 
for a quorum, it is possible to hold sessions of this court 
in two counties at once. Whenever it is impossible to 
secure a quorum, the Governor may appoint a Judge ad 
litem, whose commission expires when the cause is deter- 
mined. 

Sessions. — The Superior Court holds four sessions in 
Sussex county each year, beginning on the first Monday 
in February, the first Monday in April, the last Monday 
in June, and the first Monday in October. It has four 
sessions in Kent county each year, beginning on the third 
Monday of February, the third Monday in April, the 
first Monday in July, and the third Monday in October. 
It has five sessions in New Castle county each year, begin- 
ning on the first Monday in January, the first Monday in 
March, the first Monday in June, the third Monday in 
September, and the first Monday in November. 

At the June term in Sussex county and at the July term 
in Kent county no jury is summoned, but matters of fact 
in dispute may be tried by the court if the parties con- 
cerned in the cause agree. In this case the Judges give 
a decision, upon which judgment is rendered as upon a 
verdict by a jury. 

The sessions for New Castle county are held at Wil- 



THE DELAWARE COURTS l8l 

mington ; for Kent county, at Dover ; for Sussex county, 
at Georgetown. The Judges may on account of an epi- 
demic of disease or for some other good cause appoint a 
different place for the sessions, until the cause for changing 
the place is removed. 

The Chief Justice may call a special session of the 
Superior Court in any county whenever the majority of 
the Judges of that court think it necessary. 

Jurisdiction. — The jurisdiction of the Superior Court 
extends over the whole State. Matters of a local nature 
must be begun and tried in the county in which they 
arose. A court is said to have original jurisdiction over 
all cases which the law requires shall be begun and tried 
in that court. A court is said to have appellate jurisdic- 
tion over all cases which may be appealed to it from lower 
courts. 

The Superior Court has original jurisdiction in all causes 
of a civil nature, real, personal, or mixed, and over such 
other causes as the law may provide. It has appellate 
jurisdiction in causes appealed from the Orphans' Court, 
Register of Wills, and Justice of the Peace, and in cases 
of sequestration of property by Trustees of the Poor. 

The Superior Court is the busiest court in the State, 
because its original jurisdiction is so extensive. It is not 
necessary to enumerate all of the causes over which this 
court has jurisdiction, and only the most important will be 
mentioned, i. It has jurisdiction in all civil causes, such 
cases as arise from the partition of real estate, the non- 
payment of debt, breach of contract, the recovery of real 
or personal property. 2. The Superior Court when sitting, 
or any Judge in vacation, may issue writs of " habeas 
corpus," and the court may issue other writs which may 
be necessary to bring to trial cases over which it has 



1 82 STATE GOVERNMENT 

jurisdiction. 3. Cases concerning apprentices or inden- 
tured servants are tried in this court. 4. The Superior 
Court alone has the power to annul or affirm marriages 
and to grant divorces. 5. It has jurisdiction over cases 
involving dower rights. 6. It may take the acknowledg- 
ment and proof of deeds in certain cases. 7. It may upon 
proper proof direct the entry of satisfaction' of mortgages 
and judgments. 8. The Superior Court of each county 
approves the bonds of the Coroner, Register of Wills, 
Recorder of Deeds, Prothonotary, Clerk of the Supreme 
Court, Clerk of the Peace, and the Clerk of the Orphans' 
Court. 9. It has jurisdiction over the laying out of 
ditches. 10. Whenever a person owning a mill has his 
water supply injured by the building of a dam, mill race, 
or pond by some other person, on his petition the cotfrt 
orders a jury of twelve men to examine into the cause, and 
if the jury finds that the mill owner has been injured, the 
Superior Court orders the destruction of the dam, pond, or 
mill race that is the cause of the injury. 1 1. The Superior 
Court canvasses the election returns. 12. It may under 
certain circumstances compel relatives to support their 
indigent kin. 13. Issues from the Orphans' Court, Court 
of Chancery, and the Register may be tried by the Superior 
Court. 

For appeals to the Superior Court from the Orphans' 
Court, see pp. 187, 188 ; from the Register of Wills, p. 188 ; 
from a Justice of the Peace, p. 189. 

Appeal from Sequestration by Trustees of the Poor. — It 
sometimes happens that parents desert their children, or 
that a husband deserts his wife, and that the deserted ones 
become a charge upon the county. In such cases, the 
Trustees of the Poor may take the property of the desert- 
ing parents or husband, and sell it for the support of the 



THE DELAWARE COURTS 183^ 

deserted ones. A person whose property has been so 
seized may appeal within one year to the Superior Court, 
which has the power to confirm or to amend or correct 
such proceedings of the Trustees of the Poor. Should the 
court decide that the seizure was unjustly made, they order 
the return of the proceeds of the sale, or make any order 
that they may think just 

Court of Chancery 

The Court of Chancery holds sessionS/in each of the three 
counties. Delaware is one of the three States in the United 
States which still have separate Chancery Courts. 

How Composed. — The Chancellor is the Judge of the 
Court of Chancery. 

Sessions. — The Chancellor holds two sessions of the 
Court of Chancery in New Castle county each year, begin- 
ning on the fourth Monday in March and the second 
Monday in September. He holds four sessions in Kent 
county, opening on the third Monday in March, the second 
Monday in June, the third Monday in September, and 
the second Monday in December. He holds four sessions 
in Sussex county, opening on the second Monday in March 
and the first Monday in June, September, and December. 
The Chancellor may hold adjourned sessions in each 
county at his discretion. The Chancellor's court is peculiar 
in this, that the Chancellor may hold court and give decis- 
ions at any time and place. 

Jurisdiction. — The Court of Chancery has full power to 
hear and decree all matters and causes in equity in cases 
where sufficient remedy cannot be had by common law or 
statute before any other court. The Chancellor, for suf- 
ficient cause, grants restraining orders and injunctions. 

Appeals may be made from the Court of Chancery to 



1 84 STATE GOVERNMENT 

the Supreme Court of the State. Issues of fact framed 
by the Court of Chancery must be tried in the Superior 
Court of the county. 

The dual system of two distinct sets of tribunals, — law 
courts and the Court of Chancery, — administering different 
rules for the adjudication of causes, originated in England, 
but has now been changed there. Delaware is one of the 
few places where the chancery court still exists as a dis- 
tinct tribunal. Elsewhere, equity jurisdiction is now exer- 
cised usually by the same Judges who preside over the 

law courts. 

Court of Oyer and Terminer 

The Court of Oyer and Terminer is the court which 
tries cases of murder or manslaughter, and all crimes pun- 
ishable by death. This court derives its name from the 
old English court of the same name. 

How Composed. — The Chief Justice and the four Asso- 
ciate Judges are the Judges of the Court of Oyer and 
Terminer. They decide among themselves who shall hold 
this court in the various counties. Each Court of Oyer 
and Terminer consists of just three of the Judges; but one 
may open or adjourn the court. The Chief Justice pre- 
sides, or in his absence the senior Associate Judge. 

Sessions. — This court has no regular sessions. When- 
ever there is a capital crime to be tried in a county, any 
three out of the five law Judges may sign what is known as 
a "precept," calling a session of the court in that county. 
Such precept must usually be issued at least twenty days 
before the first sitting of the court ; but in emergencies, 
special sessions may be called six days after the precept is 
signed. 

Jurisdiction. — This court has jurisdiction over all crimes 
punishable by death, such as murder in the first degree, 



THE DELAWARE COURTS 1 85 

rape, and kidnaping ; of murder in the second degree, of 
the crime of manslaughter, and of the offense of being an 
accessory or accomplice to any such crime. Writs of error 
on the part of the accused lie to the Supreme Court. 

Court of General Sessions 

The Court of General Sessions holds sessions in each 
county for the trial of criminal cases not punishable with 
death. 

How Composed. — The Chief Justice and the four Asso- 
ciate Judges are the Judges of the Court of General 
Sessions. These five Judges decide among themselves 
who shall hold the sessions in each county. Whenever 
practicable, three Judges sit in this court — never more 
than three ; but two constitute a quorum, and one may 
open and adjourn court. The Chief Justice presides, or in 
his absence the senior Associate Judge. As there are five 
Judges who may sit in this court, sessions may be held in 
two counties at the same time. 

Sessions. — This court has five sessions in New Castle 
county, four sessions in Kent county, and four sessions 
in Sussex county each year. The sessions begin on the 
same day as the sessions of the Superior Court in these 
counties. 

Jurisdiction. — This court has jurisdiction over all crimes 
not cognizable before a Justice of the Peace or inferior 
courts, and not within the jurisdiction of the Court of Oyer 
and Terminer. The majority of crimes, such as theft, and 
housebreaking, are tried in this court. The law of the 
State has also given it jurisdiction over other causes. 1. 
In each county it has the power to lay out public roads 
and to change and vacate the same. 2. It has the sole 
power to grant application for liquor licenses. 3. It has 



1 86 STATE GOVERNMENT 

jurisdiction over cases of desertion by a husband or a 
father. 4. In New Castle county this court has juris- 
diction in cases of petitions for grading hills. 5. This 
court appoints each year a number of Fence Viewers in 
each district. 

Court in Banc 

How Composed. — A Court in Banc is composed of the 
Chief Justice and the four Associate Judges. Any four 
of them constitute a quorum, and one may open and 
adjourn court. The Chief Justice presides, or in his 
absence the senior Associate Judge. 

Sessions. — There are no regular sessions of this court; 
it is called only when necessary. 

Jurisdiction. — Whenever a case is being tried in the 
Court of Oyer and Terminer, in the Superior Court, or in 
the Court of General Sessions, and a difficult or unsettled 
point of law arises during the trial, either party interested 
may ask that the question be decided by a Court in Banc. 
If the Judges decide that the question involved is one of 
sufficient importance to warrant the calling of a Court in 
Banc, they order the calling of such a court, by which the 
question is decided. 

From the decision of a Court in Banc there is recourse 
to the Supreme Court, which may or may not issue a writ 
of error. 

Orphans , Court 

The Orphans' Court is modeled after the old English 
court of that name. It holds its sessions in each county 
and has a general jurisdiction over the interests of orphans. 

How Composed. — The Orphans' Court in each county 
consists of the Chancellor and the resident Associate 
Judge, but either one constitutes a quorum. The resident 



THE DELAWARE COURTS 1 87 

Associate Judge in each county holds at stated intervals 
an Orphans' Court at which he usually sits alone. 

Sessions. — This court holds two sessions each year in 
New Castle and Kent counties, and four sessions in Sussex 
county. The two Judges or either of them may hold ad- 
journed sessions in the counties as conditions may make 
necessary. 

Jurisdiction. — This court has jurisdiction over the rights 
and property of orphans. 1. It has the power to appoint 
and remove guardians. 2. It has general supervision 
over the estates of minors. 3. Guardians' accounts must 
be passed by this court. 4. It has jurisdiction of real 
estate left by persons who die without leaving a will. 
5. It may order the sale of the property of dead persons 
to pay debts. 6. It may assign dower. 7. It may hear 
and determine exceptions to accounts of executors and ad- 
ministrators passed before the Register of Wills. 8. It 
may hear appeals from the decision of the Register of 
Wills in cases where it is claimed that inventories or lists 
of debts are imperfect. 

Appeal from Orphans' Court. — When the opinions of the 
Chancellor and resident Associate Judge are opposed in 
any case, or when the decision is made by one of them, 
or when the decision is made by both of them in matters 
involving the right to real estate or the value thereof, and 
in all matters affecting guardians or guardians' accounts, 
an appeal may be taken to the Superior Court of the 
county, whose decision is final. If such an appeal is made 
to the Superior Court, the Associate Judge who sat in the 
case in the Orphans' Court may not sit in the Superior 
Court when this appealed case is tried. In all other cases 
under its jurisdiction the decision of the Orphans' Court 
is final. 



1 88 STATE GOVERNMENT 

Register of Wills* Court 

The Register of Wills in each county has the power to 
hold what is commonly called a " Probate Court." He 
holds court in his office and is the sole judge. 

Jurisdiction. — His jurisdiction extends over his county, 
i. All wills must be proved in his court. 2. A will hav- 
ing been proved, the Register may grant letters testamen- 
tary to the executor or executors named in the will. 3. If 
a person dies without a will, the Register may appoint 
administrators. 4. He examines and passes and keeps 
on record the accounts of executors and administrators. 

Appeal from Register's Court. — Appeal in all cases may 
be made from the Register's Court to the Superior Court, 
whose decision is final. In cases concerning an inventory 
or list of debts, an appeal may be made to the Orphans' 
Court. 

If the Register is personally interested in any case 
which comes under his jurisdiction, the Orphans' Court 
takes jurisdiction instead, and from its decision an appeal 
may be made to the Superior Court. 

Justices of the Peace 

Justices of the Peace have jurisdiction only in minor 
cases. 

Criminal Jurisdiction. — 1. A Justice of the Peace may 
punish by a fine any person who disobeys the ordinances 
of a city or town. 2. He may, upon submission in writing 
by the accused, punish by a fine any person guilty of 
assault and'battery, and may punish other breaches of the 
peace. 3. He may cause the arrest of drunken and blas- 
phemous persons and may punish them with a fine. 
4. He may bind disorderly or unruly persons to keep the 



THE DELAWARE COURTS 1 89 

peace. 5. He may commit to prison or hold for trial at 
the proper court persons who have committed offenses 
not under his jurisdiction. 6. He may issue warrants for 
arrest, and certain other writs. All Sheriffs, Constables, 
and Coroners are required to serve such warrants or papers. 

Civil Jurisdiction. — Justices of the Peace have juris- 
diction over all cases concerning nonpayment of debt, 
merchandise, remuneration for services, and rent, pro- 
vided the sum involved does not exceed $200. 

Appeals. — Appeals may be taken to the Superior 
Court from any judgment given by a Justice of the Peace 
without referee trial for a sum exceeding $5, exclusive 
of costs ; and from any judgment given by a Justice of the 
Peace upon the report of referees, for a sum exceeding 
$15, exclusive of costs. 



CHAPTER XIV 

IMPEACHMENT AND TREASON 

In choosing officers in this State, the people should, and 
generally do, use great care in choosing men who will fill 
their positions in such a way as to further the State's 
interests and bring honor and credit to themselves. But 
no matter how much care is exercised, sometimes a person 
may be chosen who is not able to withstand the tempta- 
tions to fraud and dishonesty. A man's character may 
change, and after his election to office he may show him- 
self to be entirely unworthy of the trust that has been re- 
posed in him. It is necessary, therefore, that some way be 
provided by which a public officer may be called to account 
for his acts and by which he may be expelled from his 
office if the charges against him are found to be true. 

The constitution provides two ways in which an officer 
of the State may be removed from office : first, the Gov- 
ernor may remove an officer on petition of two thirds of the 
members of the Senate and House of Representatives ; 
second, an officer may be formally impeached and if found 
guilty, be removed from office. The first of these methods 
is discussed in the chapter on the Governor, p. 142. We 
shall here consider the cause, manner, and trial of impeach- 
ment cases. 

What Impeachment is. — Impeachment is the formal and 
solemn accusation of crime or some other misdemeanor in 
office brought against a public officer. If an officer of the 

190 



IMPEACHMENT AND TREASON 191 

State neglects his duties, if he persists in using his public 
trust to his personal advantage, if he allows himself to 
be influenced in his duties by bribes or promises, if he is 
appropriating public money to his private use, or if he is 
accused of any conduct unbecoming a public officer, he may 
be formally impeached of these crimes or offenses. 

Manner of Impeachment. — Any member of the House 
of Representatives may draw up a formal " bill of impeach- 
ment," in which are enumerated the specific charges 
against the officer. If after due consideration of the 
charges two thirds of all the Representatives vote for this 
bill, the officer stands formally impeached of the crime or 
misdemeanor charged. Should the necessary two thirds 
not vote for the bill, the officer cannot be tried for these 
charges, as he has not been formally accused of them. 
The passage of a bill of impeachment against an officer 
corresponds to the formal indictment of a private citizen 
by the grand jury of the county. It is the province of the 
House of Representatives alone to pass such bills of 
impeachment. All civil officers, from the Governor down 
to the least important of the civil officers of the State, are 
subject to impeachment. 

Trial of Impeachment. — When a bill of impeachment 
has been passed by the House of Representatives, the 
Senate is notified of this action, as the Senate alone tries 
all such cases. 

When the Senate is trying an impeachment case, all the 
members are under oath or affirmation that they will do 
justice according to the evidence. This is for the purpose 
of securing to the accused person a fair and impartial trial. 
The President of the Senate is the presiding officer at 
all impeachment trials except when the Governor or the 
Lieutenant Governor is tried ; in such cases, the Chief 



192 STATE GOVERNMENT 

Justice presides; or if he is unable to do so, the Chan- 
cellor takes his place. When in session trying an im- 
peachment case, the Senators act in the capacity of both 
judges and jury. 

The person accused has the right to be heard in his own 
defense and may have counsel to conduct his case before 
the Senate. In most respects such a trial is conducted 
in the same manner as trials in the regular courts. After 
the case has been carefully tried, if two thirds of the Sena- 
tors vote for conviction, the person is declared guilty on the 
charges for which he was tried. Should the necessary two 
thirds not vote for conviction, the officer remains in posses- 
sion of his office and may continue to exercise its duties. 

Punishment of Guilty Persons. — If the Senate finds any 
officer guilty of the charges brought against him, it may 
remove him from office and disqualify him from holding 
in the future any office of honor, trust, or profit under 
this State. It cannot imprison or inflict a fine, but if it 
has once convicted an officer, he may then be tried in the 
regular courts of the State if he has been guilty of a viola- 
tion of any statute law; if found guilty by that court, he 
may be punished according to the law. Thus, if a public 
officer is accused of embezzling the State's money, he may 
be formally impeached by the House, found guilty by the 
Senate, and removed from office and disqualified from 
holding in the future any office of honor, trust, or profit 
under the State ; then he may be tried in the State courts 
for embezzlement and be condemned by them to imprison- 
ment and the payment of a fine, as the law on that subject 
may provide. 

Frequency of Trials. — The records of the General As- 
sembly do not show that any impeachment trials have 
taken place in our State. Our public officers have been 



IMPEACHMENT AND TREASON 1 93 

men who filled their offices with credit, and in the few 
cases in which individuals have shown themselves un- 
worthy of the trust reposed in them, their offenses were 
never sufficiently grave to warrant their impeachment. 

Treason. — Our constitution defines treason thus: " Trea- 
son against this State shall consist only in levying war 
against it, or in adhering to the enemies of the govern- 
ment, giving them aid and comfort." Private citizens as 
well as public officers are liable to trial for treason. 

Treason trials were very numerous in England at the 
time the English colonists came to America, and even at a 
later date. The slightest criticism of the English monarchy 
was sometimes sufficient basis for accusing a man of trea- 
son. Many Englishmen who were really good citizens of 
their country were condemned to death for treason or 
deported to some distant possession of England, there to 
spend their lives in solitude. When the constitution of the 
United States was framed, the members of the convention, 
remembering the condition in England, placed in the con- 
stitution a clause saying, " treason against the United States 
shall consist only in levying war against them or in adher- 
ing to their enemies, giving them aid and comfort." The 
makers of our State constitution adopted the same provision. 

Treason in itself is a very high crime. To be guilty of 
aiding the enemies of one's country, to betray its interests, 
to desert its cause in time of need, are deeds that merit the 
severest punishment. No person, however, can be con- 
victed of treason unless on the testimony of two wit- 
nesses to the same treasonable act, or on confession in 
open court. The maximum penalty for treason is death. 

Treason against a State is very rare. The records of our 
General Assembly and of our courts for many years back 
do not show that there have been any trials for treason. 

GOV. OF DEL. — 13 



CHAPTER XV ■ 
THE CHOOSING OF ELECTIVE OFFICERS 

The United States constitution guarantees to every State 
in the Union a republican form of government. In repub- 
lican governments the will of the people is to be the policy 
of the government, and this policy is to be carried out by 
officers chosen directly or indirectly by the qualified voters. 
Our legislative, executive, and judicial officers are therefore 
directly or indirectly chosen by the people. 

It is evident that the people will not all think alike on 
questions of public policy, neither will all desire to have 
the same man in an office. Questions of great importance 
must at stated times be decided by the expressed will of 
the people. It is the duty of every good citizen to hold 
carefully thought out views on the policy of the govern- 
ment, national, State, and local, and at the proper time give 
expression to his opinion by his vote. It is natural that 
those who think alike on questions vital to the government 
should form groups ; in the United States these groups 
of voters are called "parties." The Republican and 
Democratic parties are the two great parties of our day ; 
but besides these we have the Socialist party, the Prohibi- 
tion party, and others. Each of these parties has a dis- 
tinct " platform," or statement of its views, which it changes 
from time to time to meet new conditions. 

It is the aim of each party to have its platform of prin- 
ciples become the principles of the existing government. 
These principles will be put into practice only by men 

194 



THE CHOOSING OF ELECTIVE OFFICERS 1 95 

holding them and firmly believing in them ; hence each 
party puts forward candidates for the various executive and 
legislative offices and endeavors by all honorable means to 
have such candidates elected. By common consent and 
by practice rooted in wisdom the judicial part of our gov- 
ernment has been excluded from party competition. 

In State and local government, party principles do not 
play so important a part as in the national government. 
The principles of a party are much the same in all the 
States ; the party may, however, in a particular State take 
a certain stand on matters which concern only that State; 
likewise on local matters each party may take its own 
stand. On the whole, we may say it is in national affairs 
that a party strives for its fundamental principles ; in State 
and local affairs, it is more particularly concerned in pla- 
cing men from its own ranks in office. The various parties 
do issue State platforms, but they are mostly for the sake 
of form. From this it may be seen that a good citizen 
who invariably votes with his party in national affairs may 
vote for candidates of other parties for State and local 
offices. In fact, it is held by many that this is the proper 
attitude of a good citizen : in national affairs to vote for 
his principles of government ; in State and local affairs for 
the best men irrespective of party. 

Elections are the official machinery by which the people 
choose from the candidates of the parties the men whom 
they wish to place in office for a certain time. Elections 
in the early republics of Athens and Rome were very sim- 
ple. In our time they have become complicated, and the 
real method of choosing public officers is little understood 
by the great body of voters. This should not be so ; every 
good citizen should understand the election system as well 
as the general scheme of government. 



196 STATE GOVERNMENT 

The successive steps generally taken in choosing elective 
officers are as follows : 

1. Choosing of candidates by parties: 

(a) Party primaries, 

(b) Party conventions ; 

2. Party campaigns; 

3. Registration of voters; 

4. The election proper; 

5. The determining of the result of the election. 

Choosing of Party Candidates. — Each party must have 
some plan of choosing its candidates for the various offices 
to be filled, and it must have some organized means of 
bringing these candidates favorably before the people. 
Hence each important party has its party organization, its 
primaries, and its conventions. 

Party Organization. — The Republican and Democratic 
parties in Delaware have each a complete party organization ; 
the organization of the minority parties is not so complete 
and extensive. Each party has through its years of organ- 
ization developed a series of rules which it observes in 
the choosing of candidates and delegates, in the appoint- 
ing of committeemen, and in the holding of conventions 
and primaries. These rules are changed and modified as 
the party may see fit. 

Committees. — At the head of each party is the State 
Committee, composed of men from the three counties, the 
number from each county being determined by the party 
rules. The State Committee of the party chooses a State 
chairman, a State treasurer, and a State secretary. The 
State Committee has charge of the party campaigns and 
is the executive head of the party. 

Each party also has in each county a County Committee, 



THE CHOOSING OF ELECTIVE OFFICERS 1 97 

composed of men from various parts of the county. This 
committee chooses a county chairman, treasurer, and 
secretary, has charge of the county campaign, and aids 
the State Committee in the State campaign. 

The majority parties have each a district committee to 
look after the party interests in each Representative dis- 
trict. This committee aids the county and State commit- 
tees in the party campaign. 

Primary Elections. — Primary elections are purely party 
elections ; only members of a party may vote at its primary. 
These primaries are held whenever they may be necessary, 
usually before a convention of the party. Primary elec- 
tions are more important in New Castle county than in 
Kent and Sussex, for in New Castle county they are regu- 
lated by law and serve a more important function. 

The method of choosing candidates for office varies in 
the different parties, neither is it wholly alike in the same 
party in the three counties. As a general rule, in New 
Castle county the party chooses the majority of its candi- 
dates at primaries in the voting districts, while in Kent 
and Sussex counties the party chooses its candidates at 
the county convention. The party candidates for State 
officers are chosen at a State convention. 

Whether the candidates are chosen directly at the primary, 
or whether delegates only are chosen there, the primary 
election holds an important place in election machinery. 
It is here that the real struggle for good government begins. 
On the kind of delegates the party sends to its convention 
will depend largely the quality of the men the convention 
will nominate for the various offices to be filled ; or, if the 
candidates are voted for directly at the primary, on the 
interest shown in this election will depend largely whether 
a good or a poor candidate will be chosen. 



198 STATE GOVERNMENT 

It is at a primary election that a party should show its 
patriotism and public spirit by choosing as delegates and 
candidates the best men available in the community. The 
mere fact that a member of a party wishes to be its candi- 
date or delegate should not, as it often does, cause the 
party to vote for that man. The best men are not forward 
in presenting themselves as candidates except when urged 
by their friends. Politicians are often allowed to control 
primaries for their own advantage, and thus when a good 
citizen comes to vote at the election proper he may find 
on his party ticket men whom he thinks not fitted for 
office. There are few who realize the importance of the 
primary election ; but until every good citizen takes as 
much interest in the primary in his district as he does in 
the election itself, so long must we expect some poorly 
qualified men in office, and to some degree misgovern- 
ment. 

Conventions. — As a rule each party holds a county con- 
vention in each county every two years for the purpose 
of choosing candidates for the various county offices to be 
filled, and also of selecting delegates to the State convention. 
The State convention of the party follows the county con- 
vention. It formulates a platform and chooses candidates 
for the various State elective offices to be filled. It is the 
duty of the county and State committees to carry out the 
will of their respective conventions. 

Party Campaigns. — After the candidates for the various 
offices have thus been chosen, each party begins an active 
campaign to bring the merits of its principles and its can- 
didates before the people. The cost of conducting this 
campaign by the committees is defrayed by voluntary 
contributions by members of the party. The campaigns 
are usually marked by much speechmaking, public meet- 



THE CHOOSING OF ELECTIVE OFFICERS 1 99 

ings, parades, and other demonstrations to arouse public 
interest. 

Criticism of Party System. — The existence of parties is 
a necessity ; in fact, parties are an effective safeguard of 
our liberties, and, properly managed, they secure for us 
good government. But we cannot be blind to some very 
evident defects that have crept into the system. Parties and 
party management are complex, and because of this com- 
plexity, certain evils have arisen. Although on the whole 
our public officers have been good and true men, yet it is 
equally certain that poorly qualified men have been known 
to hold important and responsible offices. The party sys- 
tem is very apt in its practical workings to place too much 
power in the hands of one man or of a few individuals who 
often are able to dictate the policy of the whole party. 

Experience shows that no party can succeed without or- 
ganization; an unorganized body, unless it is supported 
by an overwhelming majority, cannot hope for victory. 
The question is, therefore, not one of organization, but of 
men. If the men who comprise the party organization are 
good citizens and not mere politicians who play the game 
for gain, if the delegates to the conventions (for conven- 
tions also are a necessity) are men with a mind of their own, 
and not influenced by the work of a party leader, then we 
may expect the party to have for its candidates men who 
represent the best element and highest principles of the 
party. And where are these men chosen? Where is the 
composition of the party organization decided ? At the 
primary. It is at the primary, therefore, that the struggle 
for good government begins and centers. The importance 
of the primary as a determining factor in good government 
cannot be too strongly emphasized. The efficiency of a 
State, county, or local government does not depend on 



200 STATE GOVERNMENT 

which party is in power, but upon the kind of men the 
party in power has chosen to fill the offices. 

Registration of Voters. — The constitution and laws of 
Delaware provide for a registration, every two years, of the 
voters qualified to vote at the succeeding general election. 
This is a measure to preserve the purity of the ballot, and 
to insure that the result of the election shall be the true 
will of the majority of citizens qualified to vote. 

The Governor appoints, every two years, three registra- 
tion officers for each voting district in the State except 
those in the city of Wilmington. One of these is named 
as the registrar, the others as associates. The three 
officers may not all come from the same political party. 
They receive a salary of $$ per day for every day they 
are on duty. 

It is their duty to conduct the registration in their voting 
district. They must sit at the voting place of their district 
at least five separate days preceding the election and must 
give due notice of the time and place. The registration 
begins not more than 120 days and not less than 60 days 
before the general election, and closes not more than 20 
and not less than 10 days before the election. 

In New Castle county a voter must be registered to be 
able to vote at the general election following, and to vote 
at all primaries at which candidates for county or State 
officers or delegates to the convention for the purpose of 
nominating county or State officers shall be chosen ; at other 
primaries a citizen may vote without registration. In Kent 
and Sussex counties registration is necessary for voting at 
the succeeding general election, but not for voting at pri- 
maries. Registration is necessary also for certain special 
elections which may be called. 

No one is eligible for registration unless he is a male 



THE CHOOSING OF ELECTIVE OFFICERS 201 

citizen of this State, twenty-one years of age, who has been 
a citizen of the State one year, of the county three months, 
and of his election district thirty days next preceding the 
general election. Any man who has reached the age of 
twenty-one years since the year 1900 must be able to read 
the constitution of Delaware in English and must be able 
to write his name as an additional qualification for registra- 
tion ; persons physically unable to read or write, as through 
blindness or paralysis, are excepted. Persons in the military, 
naval, or marine service of the United States stationed in 
Delaware do not acquire residence by being so stationed in 
the State. Idiots, insane persons, paupers, persons con- 
victed of felonies, and other persons incapacitated by the 
constitution or laws of the State from voting are refused 
registration. The General Assembly may impose the for- 
feiture of the right to vote as a punishment of crime. 

If for some reason other than the above an applicant is 
refused registration, he may appeal to the resident Associ- 
ate Judge of his county, whose decision is final and bind- 
ing on the registration officers. An interested person 
may appeal to the registration officers to strike certain 
names from the list, and they may do so if they find the 
reasons sufficient. In all cases an appeal may be taken 
from the registration officers to the resident Associate 
Judge, or in his absence to any Judge qualified to sit in the 
Supreme Court. 

The completed registry lists are placed in the hands of 
the Sheriff of the county. 

The Election. — After the various parties have chosen 
their candidates, after the registration has been completed, 
then comes the day on which the voters decide who shall 
fill the various offices. The constitution fixes the first 
Tuesday after the first Monday of November as general 



202 STATE GOVERNMENT 

election day. On this day the voters in the three counties 
go to their respective voting places and cast their ballots. 
All the elective State and county officers (and once in four 
years, also presidential electors) are chosen at this election. 
The various incorporated towns and cities of the State 
choose their local officers on the date named in their 
charters or in the law of the State. 

Ballots. — The- candidates for the various State and 
county offices must file notice of their candidacy with the 
Clerk of the Peace of their county within a certain time 
preceding the election. From the names so submitted to 
him the Clerk of the Peace makes out the official ballot 
and has it printed. The ballot in use in our State is 
known as the Australian ballot. It is so devised as to 
preserve the secrecy of the ballot and prevent in a large 
measure fraud and dishonesty at the polls. The Clerk 
of the Peace publishes the official ballot in newspapers 
throughout the county. The same ballot is used through- 
out one county. The ballots, lists of the registered voters, 
ballot boxes, and various necessary papers are delivered to 
the election officers in the election districts. 

Election Districts. — ■ For the convenience of voters, the 
Representative districts defined in the constitution are by 
law divided into election districts, each district having its 
voting place. The number of voting districts in a Repre- 
sentative district varies, some having two, three, four, or 
even more. 

Election Officers. — The election itself is conducted by 
officers provided by law. In each voting district there are 
one inspector of election and two judges of election. Ex- 
cept in Wilmington, the inspector of election is chosen by 
vote at the preceding general election; and one judge of 
election is chosen by each of the two majority parties 



THE CHOOSING OF ELECTIVE OFFICERS 203 

(at present the Republican and Democratic parties) at 
party meetings held shortly before the election. Each 
judge may choose a clerk to aid him. 

The Governor also appoints two men in every voting 
district in the State to act as voters' assistants at the 
general election. He appoints one from each of the two 
majority parties (the Democratic and Republican); they 
serve without compensation. A voter who desires the aid 
of one of these officers may take him into the voting booth 
with him and have his help in marking his ballot properly. 
Voters' assistants do not accompany a voter unless re- 
quested by him to do so. Obviously this provision for 
voters' assistants destroys to a certain extent the secrecy 
of the ballot. 

The Manner of Voting. — The polls open on election day 
between 8 and 9 a.m. and close at 6 p.m. A citizen 
desiring to vote enters the voting place and announces his 
name. If his name is on the registry list and if he is not 
challenged, he is handed a properly numbered ballot by 
one of the election officers. He then enters a closed booth 
where he marks his ballot. He then folds his ballot 
properly, leaves the booth, and hands the ballot to the 
proper election officer, who places it in the ballot box. 
The clerks keep a record of the names of those who have 
voted. In marking his ballot each voter must exercise 
great care to follow the method provided by law. If the 
ballot is not properly marked, or is defaced in any way, it 
will be cast out by the election officers when they count 
the votes. It is estimated that from 7 per cent to 10 per 
cent of votes cast at a general election are cast out and 
not counted because they are not properly marked. By 
reading the regulations for voting carefully, a man can 
learn how to mark his ballot properly. 



204 STATE GOVERNMENT 

Counting the. Votes. — After the polls have been closed 
the election officers proceed to count the votes. The bal- 
lots are examined and such as have been legally marked 
are counted. Then a list of the candidates, with the num- 
ber of votes cast for each, is made out and sealed. These 
lists are called the election returns The ballots are again 
placed in the ballot boxes and these boxes are carefully 
sealed. 

On the day following the election the inspector of 
election must take the ballot boxes, election returns, and 
other papers required by law, and place them in the hands 
of the Prothonotary of his county. The inspector makes 
such other returns as the election laws may demand. 

Determining Result of Election at Large. — On the second 
day after the election, at 12 o'clock noon, the Prothono- 
tary submits the election returns, ballot boxes, and other 
legal papers to the Superior Court of his county. This 
court then opens the returns of the various districts and 
adds together the votes cast for each candidate. The 
candidates for the various offices receiving the highest 
number of votes are declared elected. The results of the 
election in the county are duly certified by this court, and 
the ballot boxes, carefully sealed, are placed in the custody 
of the county Sheriff. The election returns of the vote 
for State officers, when duly certified by the court, are 
transmitted to the officers or boards named in the election 
laws of the State. 

Election Laws. — The entire process of conducting and de- 
termining the result of an election, together with the method 
of settling a contested election, is carefully outlined in a 
body of laws known as the Election Law. These laws 
have been passed by the General Assemblies in accordance 
with the provisions of the constitution on elections. 



THE CHOOSING OF ELECTIVE OFFICERS 205 

The different forms of bribery at elections, vote buying, 
and the influencing of voters in any improper way are pun- 
ishable by the courts. The importance of these laws and 
the necessity for their strict enforcement cannot be over- 
estimated. On the purity of the ballot and upon the in- 
telligence of the voters depends largely the success of the 
republican form of government under which we live. 



CHAPTER XVI 

REVENUE AND TAXATION 

The administration of government, central and local, 
in a State makes necessary the expenditure of consider- 
able sums of money. It is imperative, therefore, that the 
State possess some fixed sources of revenue. This revenue 
in Delaware is derived from taxes, licenses, and fees. 

The system of taxation is somewhat complex, but it is 
by no means so intricate as is commonly supposed. It is 
given in outline in this chapter, except that no reference 
is made to school tax ; the methods of assessing, levying, 
and collecting the school tax are given in the succeeding 
chapter on Education. 

In our State there are four units of taxation: 

The Representative district; 

The incorporated town or city; 

The county ; 

The State. 

The Taxes in the Representative District. — The Repre- 
sentative district is the unit of county taxation. In the 
chapter on the Representative District the method of mak- 
ing the assessment is given (pp. 21, 22), and the chapter on 
the County explains the manner of revising these assess- 
ments (p. 57) and the manner in which the county rates 
are determined (p. 58). After the tax duplicates for the 
various districts have been made at the order of the Levy 
Court, they are given to the Collectors in the districts, who 

206 



REVENUE AND TAXATION 207 

proceed to collect the taxes on their duplicates. The taxes 
collected in the district are the three county rates (the 
county, road, and poor taxes), the capitation tax, and in 
New Castle county a county dog tax. These are levied by 
and for the county. 

It will be observed that the Representative district does 
not levy taxes ; it is merely the unit for assessment and 
collection. There is a notable exception to this rule in 
Kent and Sussex counties ; under the provisions of the 
"Good Roads Law," a district may levy a special road tax 
in addition to the regular county road tax for the purpose 
of securing an appropriation from the State to improve 
the roads in that district (see p. 75). 

Taxes in Incorporated Towns. — Unincorporated towns 
in Delaware have no special tax; the taxable persons pay 
the regular county rates. In the incorporated towns the 
taxable persons pay at least two of the county rates — the 
county and poor taxes. The road tax is in many cases 
covered by special legislation. By special act of the Gen- 
eral Assembly or by charter provisions, certain incorpo- 
rated towns have been relieved of the payment of the 
county road tax, but contribute a specified sum to the 
county for road purposes. In certain other incorporated 
towns the taxable persons pay the regular county road tax, 
and the county returns to the town a specified part of this 
tax. There are a few towns which pay no road tax to the 
county, nor any specified sum for road purposes. In none 
of these three classes of towns does the county exercise 
care over the roads of the town. In some towns, however, 
the taxable persons pay the regular county road tax, and 
the county must keep in repair the streets of the town. 

Every incorporated town is authorized by its charter 
to lay a tax known as the town tax. This is levied on 



208 STATE GOVERNMENT 

a special assessment made by the town Assessor and is 
collected by the town Collector. The county rates in the 
town fall only upon the property owner ; but the town tax 
usually is so levied as to include all male citizens over 
twenty-one years of age. 

Many incorporated towns are authorized to levy a dog 
tax. The citizens of some incorporated towns may there- 
fore pay two dog taxes, one to the county and one to the 
town. 

Taxes in the City of Wilmington. — The taxable persons 
in the city of Wilmington pay the regular county and poor 
tax of New Castle county, but pay no road tax. The two 
county rates are received by the County Treasurer of New 
Castle county, who for this purpose acts as a receiver of 
taxes. 

The City Council levies each year a tax known as the city 
tax. This is levied on a special city assessment and is 
collected by the city Collectors. This tax comprises two 
rates, the city and school taxes. The city tax is levied 
entirely on property, non-property owners paying no city 
tax. 

The County Taxes. — Every male citizen in a county 
must pay a capitation tax of twenty-five cents a year. 
This is the only tax non-property-owners pay to the county. 

The district Assessors make the county assessment on 
property, personal and real, personal property including 
horses, cattle, and other animals generally included under 
the term " stock." The persons on this property assessment 
represent the taxable persons for county purposes, and it 
is they who pay the three county rates — the county, road, 
and poor taxes. 

In New Castle county a tax is levied by the county on 
dogs, the money received from this source going into a 



REVENUE AND TAXATION 2CX) 

fund known as the " sheep fund," out of which the owners 
of sheep killed by dogs are reimbursed. 

The county also receives a considerable income from 
the fees paid to various county officers, such as the Clerk 
of the Peace, the Register of Wills, and the Recorder of 
Deeds. 

Resume. — It will be seen from the preceding discussion 
of taxes other than State taxes, that : 

(a) All male citizens twenty-one years of age or over 
pay a capitation tax of twenty-five cents a year. 

(b) All owners of real or personal property pay two of 
the county rates — county and poor taxes ; and all property 
owners except in Wilmington and certain incorporated 
towns pay also the third county rate — the county road 
tax. 

(c) Citizens in incorporated towns who are included in 
the town assessment pay town tax and may also be subject 
to a dog tax. 

(d) Property owners in Wilmington pay city tax. 

(e) Owners of dogs in New Castle county pay a county 
dog tax. 

(/) For the school tax, see p. 222. 

The State Revenue 

The State of Delaware, though small in size compared 
with some other States in the Union, has to support 
the entire machinery of a State government. The taxes 
enumerated in the first part of this chapter are expended 
within the county. The State has a separate system of 
raising revenue. 

This State levies no direct tax on its citizens. The 
entire income of the State, outside of the school funds 
and the annual appropriation from the United States to 

GOV. OF DEL. — 14 



2IO STATE GOVERNMENT 

Delaware College and the Experiment Station, is derived 
from the following sources : 

(a) Licenses ; 

(fr) Corporations ; 

(c) Insurance Companies and Banks ; 

(d) Merchants and Manufacturers. 

Licenses. — Under the statute law the Secretary of State 
is authorized to issue certain licenses. Most of these are 
issued by the Secretary in blank to the Clerks of the 
Peace, who grant them to the proper persons on the pay- 
ment of the statutory fee. These fees are turned over 
to the State Treasurer by the Clerks of the Peace. The 
licenses so granted are numerous ; among the most im- 
portant are the licenses to sell liquor in New Castle county, 
the licenses to lawyers, doctors, dentists, veterinarians, 
brokers, private bankers, real estate agents, conveyancers, 
photographers, and keepers of places of amusement. A 
large portion of the State revenue is derived from such 
licenses. 

The Secretary of State commissions all State officers, 
some of whom must pay a fee for their commissions. The 
Secretary also issues all automobile licenses through his 
office. 

The Oyster Revenue Collector collects the ground rents 
for the oyster beds in Delaware Bay and also the license 
fees of oyster tongers and of those engaged in menhaden 
fishing. 

Corporations. — Under the general corporation law the 
Secretary of State is authorized to grant certificates of in- 
corporation on the payment of fixed fees. The income 
from this source is considerable. 

All corporations incorporated in this State must pay 
an annual franchise tax to the State Treasurer. 



REVENUE AND TAXATION 211 

The railroad companies doing business in this State 
pay an annual tax, fixed by statute law, to the State 
Treasurer. 

Telegraph, telephone, cable, express, electricity, heat, 
power, steam, and gas companies pay an annual tax to the 
State Treasurer. 

Delaware insurance companies other than life insurance 
companies pay an annual tax to the State Treasurer. 

Insurance Companies and Banks. — Insurance companies 
doing business in this State must pay an annual State 
tax, an annual charge for certificates of authority, and an 
annual charge for the licenses of agents. Banks, trust 
and loan companies, surety and guaranty companies, build- 
ing and loan companies, must pay an annual State tax. 
All these taxes are collected by the Insurance Commis- 
sioner. 

Merchants and Manufacturers pay to the Clerk of the 
Peace of the county in which their business is located 
an annual tax on the volume of business transacted by 
them. 

Resume. — The annual income of the State from the 
sources enumerated above and from all other sources is 
about $450,000 a year. A detailed account of the income 
of the State from each source may be found in the reports 
of the Auditor of Accounts, and the financial condition of 
the State can be readily determined from the reports of the 
State Treasurer. 



CHAPTER XVII 

PUBLIC EDUCATION IN DELAWARE 

In a republican government the will of the people is the 
directing force of the government policy. On the intelli- 
gence of the people will depend the soundness of their 
views and their attitude on public questions. In republican 
governments, therefore, sufficient provision must be made 
for the education of those who will in future assume the 
responsibility of government. 

When the Swedes made their first settlement in Dela- 
ware on the present site of Wilmington, they made some 
provision for the education of the youth. From that day 
to the present the existing government has always made 
some effort to forward education. These efforts were often 
very feeble, but the government realized its responsibility. 
The early public schools, while far from being what they 
should be, were on the whole as effective as those then 
existing in the other States. At first there was consider- 
able opposition on the part of many citizens to the plan of 
having the schools supported by public money, and conse- 
quently the taxes for school purposes were low and 
insufficient and not levied regularly. Public opinion has 
changed, the public schools have become a national insti- 
tution of which we are proud, and we cherish them as the 
chief defense of our liberty and promoter of our prosperity. 
In our own State the gifts made by the government have 
grown more liberal, the school laws of the General Assem- 



PUBLIC EDUCATION IN DELAWARE 213 

blies more effective, the local school organization more 
complete. There has thus been developed in Delaware a 
system of public education which compares very favorably 
with that of the other States. 

The system of public schools in our State includes 
separate elementary and secondary schools for white and 
colored pupils. At the head of the system for white 
pupils stands Delaware College, at Newark ; at the head 
of the colored schools is Delaware State College for 
Colored Students, near Dover. As the State is small, it 
supports no schools of its own for defective children, such 
as the blind and idiotic. By provisions made by the Gen- 
eral Assembly such children are sent to institutions in 
other States. The Ferris Industrial School for Boys, 
near Marshallton, and the Delaware Industrial School for 
Girls, in Wilmington, are private schools which receive 
State aid ; in them are placed refractory and wayward 
boys and girls. 

The other schools in the State are not under State con- 
trol and do not receive State support. The Catholic church 
supports parochial schools in Wilmington and in New 
Castle, and a large orphanage for colored children near 
Clayton. Wilmington has two private schools, " The 
Friends' School " and the " Misses Hebb's School." 
The Wilmington Conference of the Methodist Episcopal 
church supports the " Wilmington Conference Academy " 
in Dover. Wilmington has two business colleges, Goldey 
College and Wilmington Business School. 

Every few miles along the country roads we find a school- 
house ; every town has its school or schools. How these 
schools are governed, how they are supported, what 
work they accomplish, are questions with which every 
one should be familiar. 



214 STATE GOVERNMENT 

Government of the Schools 

State Board of Education. — At the head of the State 
system of public schools is the State Board of Education. 
This is composed of seven men — the Governor, the Sec- 
retary of State, the State Auditor, the President of Dela- 
ware College, and the senior member of each County 
School Commission. The President of the State College 
for Colored Students takes the place of the President of 
Delaware College when matters concerning the colored 
schools are dealt with. The members of this Board are 
paid $5 per day for each day they meet. 

The Board holds four regular meetings a year in the 
last week of March, June, September, and December. 
The Auditor of Accounts is secretary of the Board, and 
may call special meetings when necessary. 

As the head of the State school system, this Board has 
power to enforce the laws made by the General Assembly 
concerning the schools. It also decides each year what 
text-books shall be placed on the State list for use in the 
schools. This list is printed by its order and sent to all 
the teachers in the State. The County Superintendents 
submit to the State Board the examination forms which 
they intend to give to applicants for teachers' certificates. 
These questions must be approved by the Board. 

The County Superintendents attend the meetings of the 
Board to answer their inquiries into the condition and 
needs of the schools. 

The Board makes a biennial report to the General As- 
sembly, giving an account of the schools which have been 
open, the attendance, and the cost of maintenance, and 
making specific recommendations for increasing the effi- 
ciency of the schools. At intervals this report is published 
for distribution. 



PUBLIC EDUCATION IN DELAWARE 21 5 

The County School Commission of each county has three 
members appointed by the Governor for a term of three 
years. They receive $5 per day and their mileage for each 
day they are in session ; but the compensation may not 
exceed $100 per annum. Each County School Commis- 
sion holds four meetings a year, — the first Wednesday of 
March, June, September, and December. The secretary 
may call special meetings when necessary. 

It is the duty of a County School Commission to visit 
at intervals the various schools throughout the county and 
keep a general supervision over them. 

It serves as a Board of Health for the schools and sees 
that the schools and outbuildings are sanitary and properly 
constructed for the comfort and health of the pupils. 

It usually has the power to build schools in districts for 
colored pupils. 

If a teacher is not satisfied with the marks given by a 
Superintendent, or with any decision concerning a teacher 
made by a Superintendent, appeal may be made to 
the County Commission, and from the County Commis- 
sion the appeal may be carried to the State Board of 
Education. 

Whenever a Board of Commissioners or a Board of 
Education finds that it needs an additional teacher for the 
coming school year, it makes formal application to the 
County School Commission on or before the meeting on 
the first Wednesday in June. If the Commission thinks 
the additional teacher necessary, it grants the application 
and orders the State Treasurer to pay the local board an 
additional dividend for the coming year. 

The County Commission certifies each year to the 
State Treasurer the number of State dividends the county 
is entitled to for the next school year. 



2l6 STATE GOVERNMENT 

It decides who shall receive State aid while attending a 
Normal School in another State. 

County Superintendents. — The chief executive officer 
of the schools in a county is the County Superintendent. 
He is appointed by the Governor for a term of two years ; 
the appointment must be confirmed by the Senate. He 
receives a salary of $1200 per year, and the sum of $300 
per year is placed at his disposal for expenses incurred in 
visiting the schools. 

It is his duty to visit the schools in the county and to 
take note of the condition of the schoolhouses and out- 
houses. 

He has supervision of the teachers and the instruction 
in the schools and must make every endeavor to increase 
the efficiency of the teachers and the methods of instruc- 
tion. 

He examines annually such persons as desire to teach 
in the white or colored schools of the State. He is em- 
powered to grant professional, first-grade, and second- 
grade certificates to successful applicants. A second- 
grade certificate, good for two years, is granted to 
applicants who make at least 75 per cent in all of the fol- 
lowing subjects: written arithmetic, mental arithmetic, 
United States history, civics, State constitution, geography, 
penmanship, English grammar, theory and practice of 
teaching, orthography, physiology and hygiene, drawing, 
reading, and botany. A grade of 75 per cent in botany 
and drawing, and of 90 per cent in all of the other studies 
above enumerated, entitles the applicant to a first-grade 
certificate, which is good for five years. Teachers who 
hold a first-grade certificate may secure a professional cer- 
tificate good for ten years, by making a grade of at least 
75 per cent in each of the following additional subjects : 



PUBLIC EDUCATION IN DELAWARE 2\J 

algebra, geometry, physics, rhetoric, Latin, history of edu- 
cation, natural history, and psychology. 

The Superintendent of each county holds annually an 
Institute for the white teachers. This Institute lasts for 
at least three days, and the Superintendent receives $150 
from the State to defray the expenses. All teachers in a 
county are required to attend the Institute except when 
excused by the local Commissioners. 

The Superintendent of Kent county is designated by law 
as the director of the Institute for Colored Teachers, 
which lasts at least three days and is attended by the 
colored teachers of all three counties. The director 
receives $150 from the State to pay the expenses. 

Each Superintendent holds at such time as he may think 
proper local Institutes throughout the county. 

He serves in an advisory capacity to the State Board of 
Education and to the County School Commission. 

He sends to each teacher in his county a list of those 
pupils who come under the provisions of the compulsory 
school law, and sees that this law is enforced. 

He makes a biennial report to the State Board of Edu- 
cation, reviewing the work done by him, the progress 
and condition of the schools, and the needs of the county 
schools. 

School Districts. — Each county is divided by law into 
a certain number of school districts. There are separate 
districts for white and colored schools. Each single dis- 
trict is supposed to include an area sufficiently large to 
support one school. Towns and cities throughout the 
State usually comprise two or more districts consolidated 
by law. Each single or consolidated district has as its 
governing body a local board known as School Commis- 
sioners or School Directors. 



218 STATE GOVERNMENT 

Local Board in Single Districts. — The local board in a 
single district is composed of three Commissioners, one of 
whom is chosen as Clerk of the Commissioners. These 
men are chosen for a term of three years at the annual 
meeting of the school voters of the school district the first 
Saturday of June each year. All but the Clerk serve with- 
out compensation, and his fee is very small. 

The Commissioners have charge of the school of the 
district. They choose a teacher each year, fix the salary 
of the teacher, provide the school with necessary books, 
apparatus, and fuel, and see that the school is open to the 
pupils at least one hundred and forty days each year. 
They may at their discretion dismiss a teacher. 

They determine the cost of maintaining the school the 
ensuing year, and levy a tax rate for school purposes in 
their district sufficient to meet this cost. They may choose 
their own tax collector and empower him to collect the 
taxes. 

They must keep the schoolhouse in good condition and 
make all necessary repairs. 

It is their duty to visit the school during its sessions. 

The accounts of the Clerk are audited each year by a 
committee appointed at the meeting of the school voters 
the first Saturday in June. 

•The Clerk meets the Auditor of Accounts every summer 
at such time and place as the Auditor may specify, and 
opens his books for inspection and final settlement. 

The Local Board in Incorporated Districts. — The local 
board in an incorporated district is usually known as the 
Board of Education, and usually has five or more mem- 
bers. They are chosen at the annual meeting of the 
school voters, which is usually held the last Saturday in 
June, for a term of two or three years, as the law of 



TUBLIC EDUCATION IN DELAWARE 219 

incorporation may designate. The number of men in the 
Board and their term vary somewhat in the consolidated 
districts. The Board chooses its own officers, usually a 
President, Secretary, and Treasurer. 

The Board of Education has charge of the schools in its 
districts. 

It appoints the teachers, fixes their salaries, and may 
dismiss them for cause. 

It appoints and pays janitors to 1 keep school buildings 
clean and in order. 

It must provide proper school buildings and keep them 
in repair. When a new school building is necessary, the 
Board may appeal to the General Assembly for permission 
to borrow the necessary money. 

It determines the cost of maintaining the schools and 
fixes the tax rate in its school districts. It appoints its 
tax collector and has compulsory process to collect taxes. 

The members of the Board must visit the schools under 
their charge, examine into their condition, and labor to 
improve their efficiency. 

The Board holds stated meetings once every month and 
special meetings when necessary. 

It may on the recommendation of the principal expel or 
suspend unruly pupils, or may vest this power of suspen- 
sion in the principal. 

It must keep the schools open at least one hundred and 
forty days each year, and may keep them open as much 
longer as it thinks proper. 

It must see that all pupils subject to the compulsory 
school law are in the schools. It may cause the commit- 
ment of truants to the Ferris Industrial School, and may 
appoint truant officers to bring truant pupils into the 
schools. 



220 STATE GOVERNMENT 

The accounts of the Board are audited each year by a 
committee appointed at the annual school meeting the last 
Saturday in June. 

The Board must through its proper officer make an 
annual settlement with the Auditor of Accounts at such 
time and place as the Auditor may name. 

How the Schools are Maintained 

The income of a school district comes from two sources : 
it receives a certain sum each year from the State, and it 
raises a certain sum within the district by a tax known as 
the school tax. The State is very liberal to the schools. 
It has provided a permanent school fund, and it also 
appropriates large sums annually for the schools. 

The State School Fund. — By successive enactments and 
appropriations, the State of Delaware has invested for the 
schools the following sums in bank stock : 

5700 shares of Farmers 1 Bank of Delaware $50 par 

74 shares of National Bank of Delaware $100 par . . 

254 shares of Union National Bmk $25 par .... 

114 shares of National Bank of Smyrna $50 par . 

also, 1 

one bond, State of Delaware, @ 6 per cent interest . . 178,785 

$483,235 

This sum of $483,235 is known as the "School Fund." 
The income from this fund, which amounts to a little over 
$40,000 a year, is for the use of the schools, and neither 
income nor principal may be used for any other purpose. 
The market value of the bank stock, together with the par 
value of the bond, is over $900,000. 

Appropriations by Legislature. — The General Assembly 
at each biennial session appropriates a sum for the use of 




PUBLIC EDUCATION IN DELAWARE 221 

the schools for two years. This appropriation, according 
to the constitution, must be at least $100,000 per year ; and 
at present, the annual sum appropriated is about $132,000. 

Apportioning of State Money to Schools. — The $40,000 
interest from the "School Fund" and the $132,000 appro- 
priated make about $172,000 for the State Treasurer to 
distribute annually among the schools. This money is 
divided among the schools according to the number of 
teachers employed; but for this purpose Wilmington is 
always credited with 165 teachers, no matter how many are 
actually employed. The State Treasurer receives every 
summer a statement of the number of teachers that will 
be employed the coming year in each district in the State. 
The sum available for distribution divided by the whole 
number of teachers, including 165 for Wilmington, gives a 
sum which is known as the " State dividend." This State 
dividend has for some years been about $215. Thus a 
district employing one teacher receives one dividend, or 
$215, from the State that year; a district employing two 
teachers receives two dividends, or $430, and so on. This 
holds true for colored as well as for white schools. 

If the district has bought any text-books through the 
State Treasurer during the preceding year, he subtracts 
the sum on that account from the dividend or dividends 
due the district. Whatever is due each district from the 
State is deposited in the Farmers' Bank of the county to 
the credit of the district. The money so received from the 
State can be used by the district only for the payment of 
teachers' salaries and for the purchase of text-books. 

Local Taxation. — As we have already seen, the local 
board, knowing the sum that it will receive from the State, 
and having computed the cost of maintaining the schools the 
coming year, knows how much money will have to be raised 



222 STATE GOVERNMENT 

by local taxation. When it has determined the tax rate, 
the tax duplicate is made out by the Clerk or Secretary. 
According to the present law, real estate is taxed at its as- 
sessed rental value less reprises, and personal property, 
such as horses and cattle, on the assessed value ; and other 
persons not owning any real estate are taxed equally 
according to their poll assessment. 

To receive the State dividend, every white district must 
raise at least $100 in local taxation for each teacher it 
employs, and every colored district at least $50. If the 
County Superintendent finds that a district has not raised 
the required sum, he must notify the State Treasurer, who 
will withhold the State dividend from that district. 

Each single school district or incorporated district 
chooses its own tax collector. The laws for the collection 
of school tax are very strict, as the law supposes that 
every citizen should pay this tax most cheerfully. 

The Schools Themselves 

The schools of Delaware, with the increased aid they 
are receiving and with the growth of the school sentiment, 
are becoming better every year. In town and country 
alike the buildings are more commodious, the equipment 
more complete, the teachers more efficient than ever before. 

The State Board of Education has outlined a course of 
study for the elementary grades, and there are few schools 
which do not do work up to the standard which has been 
set for them. The schoolhouses in the country districts 
are becoming more attractive, the attendance is more 
regular, the instruction wider and more complete. 

In the town schools there has been a marked advance. 
High schools are now to be found even in the smaller 
towns. Some of the larger high schools offer several 



PUBLIC EDUCATION IN DELAWARE 



223 



courses, the length of the high school course being three 
or four years. Departmental instruction, laboratories in 
physics and botany, kindergarten departments — all these 
are finding their way into the schools. 

Special Aid to Students. — By an act of the General 
Assembly, pupils who have finished the work of the sixth 




Newark Academy 

grade in a country school may under certain conditions 
attend a near-by graded or high school, designated by the 
State Board of Education. Such a pupil applies to the 
Board of Education in charge of the high school, and if 
he or she is qualified to enter the seventh grade and the 
high school is not already crowded, he or she must be 
admitted. For every pupil so admitted the high school 
receives $15 per year from the State. The principal of 
the school to which a pupil has been admitted must within 
ten days notify the State Auditor. Not more than one 
hundred and fifty pupils in any one county may attend the 
high schools at the same time under this provision. 



224 STATE GOVERNMENT 

As the State supports no normal or training school for 
teachers, it has made provision to aid a certain number of 
persons in each county to prepare themselves as teachers. 
By an act of the General Assembly each county receives 
$1000 annually from the State with which to aid such 
students. Each student receives $2 per week for forty 
weeks of each year for the two, three, or four years it may 
take to complete the course. As a rule the students go to 
normal schools in Pennsylvania. The $iooo for each 
county enables it to aid about twelve students each year. 
After graduation the teacher must teach in the schools of 
Delaware at least two vears. 

A person who wishes to go to a normal school and de- 
sires State aid must apply to the County Superintendent. 
Whenever there is a vacancy, the Superintendent recom- 
mends one of the applicants to the County Commission, 
which takes final action on the recommendation. 

It has been the custom of the County Superintendents 
to hold in Dover a summer school for teachers and for 
those preparing to teach. This school is a private enter- 
prise and receives no State aid, the teachers paying their 
own expenses. 

Compulsory Attendance. — In 1907 the General Assembly 
passed an act compelling all children between the ages of 
seven and fourteen to attend some school in which the 
common English branches are taught, for a continuous 
period of not less than five months each year. The local 
boards may reduce this period of compulsory attendance, 
but in no case to less than three months. Local boards 
may excuse children from attending for mental, physical, 
or other urgent reasons. 

Parents and guardians or other persons in control of 
children between seven and fourteen years of age who re- 



PUBLIC EDUCATION IN DELAWARE 225 

fuse to send them to school for the required period, and are 
convicted of such neglect before a Justice of the Peace, or 
Alderman, are fined not exceeding $2 for the first convic- 
tion and not exceeding $5 for succeeding convictions ; or 
if not able to pay the fine, they are imprisoned in the 
county prison for no more than two days for the first 
offense and no more than five days for succeeding offenses. 
The fines are paid over for the use of the Board of Educa- 
tion of the district. 

Truants and incorrigibles may be brought before a mag- 
istrate and upon conviction are sent to the Ferris Industrial 
School. The State Treasurer pays to the Ferris Industrial 
School forty cents per day for each pupil so confined there. 
The various local boards are empowered to appoint truant 
officers to bring truants into the school. 

Principals and teachers and other school officers are 
compelled to enforce this law under penalty of heavy fine. 

The State Colleges 

Delaware College. — Delaware College, situated at New- 
ark, may be regarded as the head of the State schools 
for white pupils. Founded in 1833 as Newark College, 
its name was changed later to Delaware College, and 
in 1870 it was made a State institution. By the pro- 
visions of the national Congress in an act known as 
the " Morrill Bill," Delaware, in common with the other 
States, received a large area of public land to serve as 
the endowment of a college especially devoted to the 
teaching of agriculture and mechanic arts and military 
tactics. By another act of Congress known as the " New 
Morrill Bill," passed in 1890, Delaware receives $25,000 
annually for the support of the college provided for under 
the first Morrill act ; of this amount Delaware College 

GOV. OF DEL. — 15 



226 



STATE GOVERNMENT 



receives $20,000, the other $5000 going to the Delaware 
State College for Colored Students. 

By an act of Congress in 1907 Delaware receives from 
the national government an additional $5000 for 1908, 
$10,000 for 1909, $15,000 for 1910, $20,000 for 191-1, 
and $25,000 for 191 2 and each year thereafter, of which 





' - t \ * * 

t. ^ *» - ; 








^~^- 



Delaware College Campus 

four fifths go to Delaware College and one fifth to the 
College for Colored Students. The income from the 
public lands under the first Morrill act is about $5000; 
so that the college has (after 191 2) an annual income of 
about $45,000 from national sources. 

While the State makes no direct appropriations for the 
support of the college, it has made liberal appropriations 
for the erection of buildings. The college proper now 
has four large buildings: a Dormitory, a Recitation Hall, 
a Mechanical and Electrical Hall, and a Gymnasium. 

The college is governed by a Board of Trustees, of whom 
fifteen (five from each county) represent the State and are 



PUBLIC EDUCATION IN DELAWARE 227 

appointed for life by the Governor whenever there may- 
be a vacancy, and fifteen represent the original board of 
Newark College and are elected, as vacancies occur, by 
the original board. The Governor of Delaware and the 
President of the college are ex officio members of the 
Board of Trustees. 

Tuition to students from Delaware is free. The college 
offers excellent courses named as follows : Classical, Latin 
Scientific, General Science, Agricultural, Civil Engineer- 
ing, Mechanical Engineering, Electrical Engineering, and 
a short course in Agriculture. 

Every student is obliged during his stay at the college 
to study military tactics and drill under an officer of the 
United States regular army stationed there. 

The faculty is large enough to insure effective and 
thorough instruction. It is composed of men trained 
and experienced in the work of their departments. 
The college numbers among its graduates many of the 
State's best citizens, and to-day its work is recognized as 
efficient, its graduates ranking with those of many institu- 
tions much larger and richer in resources. It is an insti- 
tution of which Delaware may well be proud. 

The Delaware College Experiment Station is by act of 
the General Assembly in 1888 a department of Delaware 
College. In 1887 the national Congress passed an act 
known as the Hatch Bill, appropriating annually $15,000 
to each State and Territory for the purpose of "acquiring 
and diffusing among the people of the United States use- 
ful and practical information on the subjects connected 
with Agriculture and to promote scientific investigation 
and experiment respecting the principles and applications 
of agricultural science under the direction of the college 
or colleges established in each of the States and Territo- 



228 STATE GOVERNMENT 

ries," in accordance with the first Morrill act. Under the 
provisions of this act the Delaware College Experiment 
Station was established by the State Assembly and was 
designated as the institution which was to receive the 
$15,000 annually from the national government. By a 
further act of Congress in 1905, known as the Adams Bill, 
the station received $5000 for the year 1906, $7000 for 
1907, $9000 for 1908, $11,000 for 1909, $13,000 for 1910, 
$15,000 for 191 1 and each year thereafter. Thus the annual 
income of the station in 191 1 and afterward is $30,000. 

By an act of the Delaware General Assembly in 1907 
a bond issue of $20,000 was authorized to buy a farm for 
the station for the purpose of conducting experiments in 
agriculture. With this sum a farm of 217 acres near 
Newark was purchased. 

The station is under the immediate control of a commit- 
tee of the College Trustees. The station work is under 
the supervision of a Director, who is also the Professor, 
of Agriculture in the College. 

The station staff, which is composed of trained scientists 
in the various agricultural subjects, includes a plant pa- 
thologist, a horticulturist, an entomologist, an agronomist, 
a chemist, and a veterinarian. A well-equipped laboratory 
building for these men is on the college grounds. Con- 
nected with it are a greenhouse and other buildings neces- 
sary for the work. 

The station workers are engaged in experiments in 
practical agriculture, besides doing some research work 
along their respective lines. They are in constant com- 
munication with the farmers of the State, and give them 
information and personal aid on farm problems. A great 
deal of their time, especially during the spring, summer, 
and autumn months, is spent on the various farms through- 



PUBLIC EDUCATION IN DELAWARE 229 

out the State. At intervals these men publish bulletins 
on the various phases of agriculture, the results of their 
experiments and field work ; these bulletins are sent to 
interested people in the State and to the other experiment 
stations in the United States. The United States govern- 
ment gives the stations the right to issue their bulletins 
and reports through the mails free of postage charges. 

The Delaware State College for Colored Students was estab- 
lished in order to furnish the colored students of the State an 
opportunity to take a college course at a cost not prohibitive. 

The college is situated near Dover, and has modern, 
well-equipped buildings. A fine farm of 90 acres is con- 
nected with it. 

This college is governed by a Board of Trustees of six 
members. The Trustees are appointed by the Governor 
for a term of four years, two Trustees coming from each 
county. The Trustees are equally divided among the 
two important political parties. The Board holds meet- 
ings each quarter. The President of the College is ex 
officio a member of the Board of Trustees. 

Support of the College. — The college receives annually 
$10,000 as its share of the $50,000 received from the United 
States, under the acts of 1890 and 1907 (p. 226). 

The State has made appropriations for the erection of 
buildings and for contingent expenses. The farm is a 
source of revenue. 

Each student in the college pays $2.25 per week for 
board, tuition, and all necessary expenses. 

The College is open to colored students of both sexes 
from this and other States. 

It offers a regular college course as well as a preparatory 
course. It also offers a normal course for those who in- 
tend to teach in the colored schools. 



230 STATE GOVERNMENT 

Instruction is also given in practical agriculture and in 
the mechanic arts, as well as in cooking, sewing, dress- 
making, etc. 

Special Schools 

Ferris Industrial School. — The Ferris Industrial School, 
near Marshallton, was founded in 1884 by a bequest of 
John Ferris. The aim of the school is to reform boys 
from this State who have shown themselves incorrigible. 
The school is governed by a self-perpetuating Board of 
Managers. 

Boys may be committed to this school by Justices of the 
Peace, by a Municipal Court, or by the Superior Court. 
Under the provisions of the new compulsory attendance 
law, truants may be committed to the school. 

While largely supported by the income of its own endow- 
ment, the school receives State and county aid for boys 
committed to it. 

Instruction is given to the inmates in the common school 
branches, in woodworking, electricity, engineering and fir- 
ing, farming, dairying, poultry raising, tailoring, and baking. 

The Delaware Industrial School for Girls was founded 
by charitable persons in 1895 for the purpose of aiding 
unfortunate girls and for reforming those who show them- 
selves incorrigible. The school is a private institution 
governed by a self-perpetuating Board of Managers and 
an Advisory Committee, and is largely supported by private 
subscriptions ; but it also receives State and county aid. 

Girls from this State may be committed to this school 
by magistrates or by the courts. The inmates are in- 
structed in the common English branches, in sewing, cook- 
ing, and household work. In every way an endeavor is 
made to secure their reformation and to make them self- 
supporting. 



APPENDIX 



CONSTITUTION OF THE STATE OF DELAWARE 
ADOPTED IN CONVENTION, JUNE 4, a.d. 1897 



WE, THE PEOPLE, HEREBY ORDAIN AND ESTABLISH 
THIS CONSTITUTION OF GOVERNMENT FOR THE 
STATE OF DELAWARE 

Preamble 

Through Divine goodness, all men have by nature the rights of 
worshiping and serving their Creator according to the dictates of their 
consciences, of enjoying and defending life and liberty, of acquiring and 
protecting reputation and property, and in general of attaining objects 
suitable to their condition, without injury by one to another; and as 
these rights are essential to their welfare, for the due exercise thereof, 
power is inherent in them; and therefore all just authority in the insti- 
tutions of political society is derived from the people, and established 
with their consent, to advance their happiness; and they may for this 
end, as circumstances require, from time to time, alter their Constitu- 
tion of government. 

Article I. Bill of Rights 

Section i. Although it is the duty of all men frequently to assemble 
together for the public worship of Almighty God ; and piety and moral- 
ity, on which the prosperity of communities depends, are thereby 
promoted; yet no man shall or ought to be compelled to attend any 
religious worship, to contribute to the erection or support of any place of 

231 



232 APPENDIX 

worship, or to the maintenance of any ministry, against his own free will 
and consent; and no power shall or ought to be vested in or assumed 
by any magistrate that shall in any case interfere with, or in any manner 
control the rights of conscience, in the free exercise of religious worship, 
nor a preference given by law to any religious societies, denominations, 
or modes of worship. 

Section 2. No religious test shall be required as a qualification to 
any office, or public trust, under this State. 

Section 3. All elections shall be free and equal. 

Section 4. Trial by jury shall be as heretofore. 

Section 5. The press shall be free to every citizen who undertakes 
to examine the official conduct of men acting in a public capacity; and 
any citizen may print on any subject, being responsible for the abuse 
of that liberty. In prosecutions for publications, investigating the pro- 
ceedings of officers, or where the matter published is proper for public 
information, the truth thereof may be given in evidence; and in all 
indictments for libels the jury may determine the facts and the law, 
as in other cases. 

Section 6. The people shall be secure in their persons, houses, papers 
and possessions, from unreasonable searches and seizures; and no 
warrant to search any place, or to seize any person or thing, shall issue 
without describing them as particularly as may be; nor then, unless 
there be probable cause supported by oath or affirmation. 

Section 7. In all criminal prosecutions, the accused hath a right 
to be heard by himself and his counsel, to be plainly and fully informed 
of the nature and cause of the accusation against him, to meet the wit- 
nesses in their examination face to face, to have compulsory process in 
due time, on application by himself, his friends or counsel, for obtaining 
witnesses in his favor, and a speedy and public trial by an impartial 
jury; he shall not be compelled to give evidence against himself, nor 
shall he be deprived of life, liberty or property, unless by the judgment 
of his peers or by the law of the land. 

Section 8. No person shall for any indictable offense be proceeded 
against criminally by information, except in cases arising in the land or 
naval forces, or in the militia when in actual service in time of war or 
public danger; and no person shall be for the same offense twice put in 
jeopardy of life or limb ; nor shall any man's property be taken or applied 



CONSTITUTION OF DELAWARE 233 

to public use without the consent of his representatives, and without 
compensation being made. 

Section 9. All courts shall be open; and every man for an injury 
done him in his reputation, person, movable or immovable possessions, 
shall have remedy by the due course of law, and justice administered 
according to the very right of the cause and the law of the land, without 
sale, denial, or unreasonable delay or expense; and every action shall 
be tried in the county in which it shall be commenced, unless when the 
judges of the court in which the cause is to be tried shall determine that 
an impartial trial thereof cannot be had in that county. Suits may be 
brought against the State, according to such regulations as shall be made 
by law. 

Section 10. No power of suspending laws shall be exercised but by 
authority of the General Assembly. 

Section ii. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted; and in the construction of 
jails a proper regard shall be had to the health of prisoners. 

Section 12. All prisoners shall be bailable by sufficient sureties, 
unless for capital offenses when the proof is positive or the presumption 
great; and when persons are confined on accusation for such offenses 
their friends and counsel may at proper seasons have access to them. 

Section 13. The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the public 
safety may require it. 

Section 14. No commission of oyer and terminer, or jail delivery, 
shall be issued. 

Section 15. No attainder shall work corruption of blood, nor except 
during the life of the offender forfeiture of estate. The estates of those 
who destroy their own lives shall descend or vest as in case of natural 
death, and if any person be killed by accident no forfeiture shall thereby 
be incurred. 

Section 16. Although disobedience to laws by a part of the people, 
upon suggestions of impolicy or injustice in them, tends by immediate 
effect and the influence of example not only to endanger the public 
welfare and safety, but also in governments of a republican form con- 
travenes the social principles of such governments, founded on common 
consent for common good; yet the citizens have a right in an orderly 



234 APPENDIX 

manner to meet together, and to apply to persons intrusted with the 
powers of government, for redress of grievances or other proper purposes, 
by petition, remonstrance or address. 

Section 17. No standing army shall be kept up without the consent 
of the General Assembly, and the military shall in all cases and at all 
times be in strict subordination to the civil power. 

Section 18. No soldier shall in time of peace be quartered in any 
house without the consent of the owner; nor in time of war but by a 
civil magistrate, in manner to be prescribed by law. 

Section 19. No hereditary distinction shall be granted, nor any office 
created or exercised, the appointment to which shall be for a longer term 
than during good behavior; and no person holding any office under 
this State shall accept of any office or title of any kind whatever from 
any king, prince, or foreign State. 

WE DECLARE THAT EVERY THING IN THIS ARTICLE 
IS RESERVED OUT OF THE GENERAL POWERS OF 
GOVERNMENT HEREINAFTER MENTIONED 

Article II. Legislature 

Section i. The legislative power of this State shall be vested in a 
General Assembly, which shall consist of a Senate and House of Repre- 
sentatives. 

Section 2. The House of Representatives shall be composed of 
thirty-five members, who shall be chosen for two years. The Senate 
shall be composed of seventeen members, who shall be chosen for four 
years. 

The State is hereby divided into thirty-five Representative Districts, 
from each of which shall be chosen, by the qualified electors thereof, 
one Representative. In New Castle County there shall be fifteen Rep- 
resentative Districts, numbered from one to fifteen inclusive; in Kent 
County, ten Representative Districts, numbered from one to ten inclu- 
sive; and in Sussex County, ten Representative Districts, numbered 
from one to ten inclusive. The State is also hereby divided into seven- 
teen Senatorial Districts, from each of which shall be chosen, by the 
qualified electors thereof, one Senator. In New Castle County there 



CONSTITUTION OF DELAWARE 235 

shall be seven Senatorial Districts, numbered from one to seven inclusive ; 
in Kent County, five Senatorial Districts, numbered from one to five in- 
clusive ; and in Sussex County, five Senatorial Districts, from one to five 
inclusive. 

The Representative Districts in New Castle County are and shall be 
as follows: 

Number One. All that portion of the City of Wilmington included 
within the Second and Fourth Wards, and those parts of the Sixth and 
Eighth Wards, respectively, lying south of and bounded by the central 
line of Eighth street. 

Number Two. All that portion of the said city included within the 
Ninth Ward, and those parts of the Sixth and Eighth Wards, respectively, 
lying north of and bounded by the central line of Eighth street. 

Number Three. All that portion of the said city included within the 
Seventh Ward, and that part of the Fifth Ward lying north of and bounded 
by a straight line including the central line of Eighth street. 

Number Four. All that portion of the said city included within the 
First and Third Wards, and that part of the Fifth Ward lying south of 
and bounded by the central line of Eighth street, east of and bounded by 
the central line of Adams street, and west of and bounded by the central 
line of Market street. 

Number Five. All that portion of the said city included within the 
Tenth, Eleventh and Twelfth Wards, and that part of the Fifth Ward 
lying south of and bounded by a straight line including the central line of 
Eighth street, west of and bounded by the central line of Adams street, 
and bounded on the west by the westerly boundary line of the said 
city. 

Number Six. Brandywine Hundred. 

Number Seven. Christiana Hundred. 

Number Eight. Mill Creek Hundred. 

Number Nine. White Clay Creek Hundred. 

Number Ten. New Castle Hundred. 

Number Eleven. Pencader Hundred. 

Number Twelve. Red Lion Hundred. 

Number Thirteen. St. Georges Hundred. 

Number Fourteen. Appoquinimink Hundred. 

Number Fifteen. Blackbird Hundred. 



236 APPENDIX 

The Representative Districts in Kent County are and shall be as 
follows : 

Number One. Duck Creek Hundred. 

Number Two. Little Creek Hundred and the First Election District 
of East Dover Hundred. 

Number Three. Kenton Hundred. 

Number Four. West Dover Hundred and all that portion of East 
Dover Hundred lying next to West Dover Hundred and separated from 
the rest of East Dover Hundred by the following boundary lines: be- 
ginning at the middle of the public road leading from the Horsehead road 
to Kenton at the point of intersection of Kenton Hundred and East 
Dover Hundred, thence running along the middle of the said road to the 
Horsehead road, thence running in a westerly direction along the middle 
of the said Horsehead road a short distance to a short road leading from 
the said Horsehead road to the road from Dover to Hazlettville, known 
as the Hazlettville road, thence running along the middle of the said short 
road from the Horsehead road to the said Hazlettville road, thence run- 
ning in a westerly direction along the middle of the said Hazlettville road 
a short distance to the road leading therefrom to Wyoming, thence run- 
ning along the middle of the said road leading from the said Hazlettville 
road to Wyoming to the point of intersection of East Dover Hundred and 
North Murderkill Hundred. 

Number Five. All that portion of East Dover Hundred not included 
in Districts numbers two and four. 

Number Six. Parts of North Murderkill, South Murderkill and Mis- 
pillion Hundreds included within the following boundary lines: begin- 
ning at the intersection of the southern line of South Murderkill Hundred 
with the State of Maryland, thence running along the division line be- 
tween Mispillion Hundred and South Murderkill Hundred to the public 
road leading from Whiteleysburg to Harrington, thence running in a 
southeasterly and easterly direction along the middle of said public road 
to the public road leading from Masten's Corner to Vernon, at or near 
White's Church, thence running in a northeasterly direction along the 
middle of said public road leading from Masten's Corner to Vernon 
a short distance to the public road leading therefrom to the town of Har- 
rington, being a continuation of the road leading from Whiteleysburg to 
Harrington, thence running in a southeasterly direction to the intersec- 



CONSTITUTION OF DELAWARE 237 

tion of West street in the town of Harrington, thence running in a north- 
erly direction along the middle of said West street to the middle of Wol- 
cott street in said town of Harrington, thence running in an easterly direc- 
tion along the middle of said W 7 olcott street to the middle of Dorman 
street in said town of Harrington, thence running in a northerly direction 
along the middle of said Dorman street to Brown's Branch, thence 
running in an easterly direction with the course of said Branch to the 
Delaware railroad, thence running in a northerly direction along said 
Delaware railroad to Beaver Dam Branch in South Murderkill Hundred, 
thence following the course of said Beaver Dam Branch in a north- 
westerly direction to the public road leading from Felton to Whiteleys- 
burg, thence running in a northeasterly direction along the middle of 
the said public road from Felton to Whiteleysburg to the Owl's Nest 
road, thence running in a northerly direction along the middle of the 
said Owl's Nest road to the intersection of the Cowgill road from 
Woodside to Petersburg, thence running in a northeasterly direction 
along the middle of the said Cowgill road to the Reed road running 
from Woodside to DuPont's school house, thence running in a north- 
westerly direction along the middle of the said Reed road to DuPont's 
school house, thence running in a northerly direction along the middle 
of the public road leading from Willow Grove to Camden, a short 
distance to Stubb's Corner, thence running in a westerly and north- 
westerly and westerly direction along the middle of the public road 
leading from DuPont's school house to the Almshouse to Gray's 
Corner, thence continuing in a direct westerly line to the southern 
boundary line of West Dover Hundred, thence following the southern 
boundary line of West Dover Hundred in a westerly direction to 
the State of Maryland, thence running in a southerly direction 
along the eastern boundary line of the State of Maryland to the place 
of beginning. 

Number Seven. All that portion of North Murderkill Hundred not 
included in District number six. 

Number Eight. All that portion of South Murderkill Hundred not 
included in District number six. 

Number Nine. All that portion of Mispillion Hundred not included 
in District number six. 

Number Ten. Milford Hundred. 



238 APPENDIX 

The Representative Districts in Sussex County are and shall be as 
follows : 

Number One. Cedar Creek Hundred. 

Number Two. All that portion of Nanticoke Hundred which lies 
north and west of Gravelly Branch, beginning at a point where the said 
Gravelly Branch intersects the dividing line between Georgetown and 
Nanticoke Hundreds and running in a southwesterly course to what was 
formerly known as Rest's Old Mill, thence along said branch to what was 
formerly known as Collins' Mills, to its mouth being at the head of 
Middleford Mill Pond ; together with North West Fork Hundred. 

Number Three. All that portion of Nanticoke Hundred which lies 
south and east of said Gravelly Branch, beginning at a point where the 
said Gravelly Branch intersects the dividing line between Nanticoke 
and Georgetown Hundreds, running in a southwesterly course to what 
was formerly known as Rest's Old Mill, thence along the said branch to 
what was formerly known as Collins' Mills, to its mouth at the head of 
Middleford Mill Pond; together with Seaford Hundred. 

Number Four. Broad Creek Hundred. 

Number Five. Little Creek Hundred. 

Number Six. Dagsboro and Gumboro Hundreds. 

Number Seven. Baltimore Hundred. 

Number Eight. Indian River Hundred. 

Number Nine. Georgetown Hundred. 

Number Ten. Broadkiln and Lewes and Rehoboth Hundreds. 

The Senatorial Districts in New Castle County are and shall be as 
follows : 

Number One. All that portion of the City of Wilmington lying north 
of and bounded by a straight line including the central line of Eighth 
street extending from the Delaware River to the westerly boundary of 
said city. 

Number Two. All that portion of the said city lying south of and 
bounded by the straight line aforesaid including the central line of Eighth 
street. 

Number Three. Brandywine Hundred, together with all that portion 
of Christiana Hundred lying north of and bounded by the central line 
of Lancaster Turnpike. 

Number Four. Mill Creek Hundred, together with all that portion 



CONSTITUTION OF DELAWARE 239 

of Christiana Hundred lying south of and bounded by the central line 
of the Lancaster Turnpike. 

Number Five. White Clay Creek Hundred, Red Lion Hundred and 
New Castle Hundred. 

Number Six. Pencader Hundred and St. Georges Hundred. 

Number Seven. Appoquinimink Hundred and Blackbird Hundred. 

The Senatorial Districts in Kent County are and shall be as follows: 

Number One. The first and second Representative Districts. 

Number Two., The third and fourth Representative Districts. 

Number Three. The fifth and seventh Representative Districts. 

Number Four. The sixth and ninth Representative Districts. 

Number Five. The eighth and tenth Representative Districts. 

The Senatorial Districts in Sussex County are and shall be as follows: 

Number One. The first and second Representative Districts. 

Number Two. The third and fourth Representative Districts. 

Number Three. The fifth and sixth Representative Districts. 

Number Four. The seventh and eighth Representative Districts. 

Number Five. The ninth and tenth Representative Districts. 

All territory which shall hereafter be added to and included within 
the City of Wilmington shall become part of the Representative Districts 
in New Castle County as follows: 

All lying east of a straight line including the central line of Market 
street, below Eighth street, as the said two streets now exist, and south of 
a straight line including the central line of Eighth street, as the same now 
exists, shall become part of Representative District number one. 

All lying north of a straight line including the central line of Eighth 
street, as the same now exists, extending from the northeasterly side of 
Brandywine Creek to the Delaware River, or north of the Brandywine 
Creek, westerly from the point of intersection of the said straight line 
with the northeasterly side of the said Creek, shall become part of Rep- 
resentative District number two. 

All lying north of a straight line including the central line of Eighth 
street, as the same now exists, south of the Brandywine Creek, and west 
of the central line of Market street, as the same now exists, shall become 
part of Representative District number three. 

All lying between a straight line including the central line of Market 
street extended southerly and a straight line including the central line 



240 APPENDIX 

of Washington street extended southerly shall become part of Represen- 
tative District number four. 

All lying south of a straight line including the central line of Eighth 
street, as the same now exists, and west of a straight line including the 
central line of Washington street, as the same now exists, shall become 
part of Representative District number five. 

In case of any change in the boundary line between this State and the 
State of Pennsylvania any of the said Senatorial and Representative 
Districts in New Castle County affected thereby shall conform to any 
new boundary line between the said states. 

All territory which shall hereafter be added to and included within 
the City of Wilmington shall become part of the Senatorial Districts in 
New Castle County as follows: 

All lying north of a straight line including the central line of Eighth 
street, extended from the Delaware River westwardly, shall become part 
of Senatorial District number one. 

All lying south of a straight line including the central line of Eighth 
street, extended from the Delaware River westwardly, shall become part 
of Senatorial District number two. 

Whenever by the extension of the limits of the City of Wilmington 
territory forming part of any Representative or Senatorial District, as 
hereby established, shall be included within the limits of the said city, 
such Representative or Senatorial District shall thereafter consist of the 
residue thereof, not so included within said limits. 

The several Representative and Senatorial Districts in the State shall, 
except as herein otherwise provided, continue to be bounded, described 
and defined by the lines of the hundreds, wards, election district, public 
roads, railroad and other boundaries herein mentioned, as the same are 
now established and located. 

Section 3. No person shall be a Senator who shall not have attained 
the age of twenty-seven years and have been a citizen and inhabitant of 
the State three years next preceding the day of his election and the last 
year of that term an inhabitant of the Senatorial District in which he 
shall be chosen, unless he shall have been absent on the public business 
ot the United States or of this State. No person shall be a Representa- 
tive who shall not have attained the age of twenty-four years, and have 
been a citizen and inhabitant of the State three years next preceding the 



CONSTITUTION OF DELAWARE 241 

day of his election, and the last year of that term an inhabitant of the 
Representative District in which he shall be chosen, unless he shall have 
been absent on the public business of the United States or of this State. 

Section 4. The General Assembly shall meet on the first Tuesday 
of January, biennially, and at such other times as the Governor shall con- 
vene the same. 

Section 5. The General Assembly shall meet and sit in Dover, the 
capital of the State ; provided, however, that in case of insurrection, con- 
flagration or epidemic disease the General Assembly may temporarily 
meet and sit elsewhere. 

Section 6. Whenever there shall be a vacancy in either House of the 
General Assembly, by reason of failure to elect, ineligibility, death, res- 
ignation or otherwise, a writ of election shall be issued by the presid- 
ing officer of the House in which the vacancy exists, or in case of necessity 
in such other manner as shall be provided by law ; and the person there- 
upon chosen to fill such vacancy shall hold office for the residue of the 
term. And whenever there shall be such vacancy in either House, and 
the General Assembly is not in session, the Governor shall have power to 
issue a writ of election to fill such vacancy, which writ shall be executed 
as a writ issued by the presiding officer of either House in case of vacancy, 
and the person thereupon chosen to fill such vacancy shall hold office for 
the residue of the term. 

Section 7. The Senate at each biennial session shall choose one of its 
members president pro tempore, who shall preside in the absence of the 
Lieutenant-Governor, or in case the latter shall become Governor or 
while he continues in the exercise of the office of Governor by reason of 
disability of the Governor. The Senate shall also choose its other officers 
and in the absence of the Lieutenant-Governor and its president pro 
tempore may, from time to time, as occasions may require, appoint one 
of its members to preside. The House of Representatives shall choose 
one of its members speaker and also choose its other officers, and in the 
absence of the speaker may, from time to time as occasion may require, 
appoint one of its members to preside. 

Section 8. Each House shall be the judge of the elections, returns 
and qualifications of its own members; and a majority of all the mem- 
bers elected to each House shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and shall have 

gov. of del. — 16 



242 APPENDIX 

power to compel the attendance of absent members, in such manner, and 
under such penalties, as shall be deemed expedient. 

Section 9. Each House may determine the rules of its proceedings, 
punish any of its members for disorderly behavior, and with the concur- 
rence of two-thirds of all the members elected thereto expel a member, 
and shall have all other powers necessary for a branch of the Legislature 
of a free and independent State. 

Section 10. Each House shall keep a journal of its proceedings, and 
publish the same immediately after every session, except such parts as 
may require secrecy, and the yeas and nays of the members on any ques- 
tion shall, at the desire of any member, be entered on the journal. No 
bill or joint resolution, except in relation to adjournment, shall pass either 
House unless the final vote shall have been taken by yeas and nays, and 
the names of the members voting for and against the same shall be 
entered on the journal, nor without the concurrence of a majority of all 
the members elected to each House. 

Section ii. The doors of each House, and of Committees of the 
Whole, shall be open unless when the business is such as ought to be kept 
secret. 

Section 12. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which the two Houses shall be sitting. 

Section 13. The Senators and Representatives shall, in all cases, 
except treason, felony or breach of the peace, be privileged from arrest 
during their attendance at the session of their respective Houses, and in 
going to and returning from the same; and for any speech or debate in 
either House they shall not be questioned in any other place. 

Section 14. No Senator or Representative shall, during the time for 
which he shall have been elected, be appointed to any civil office under 
this State which shall have been created, or the emoluments of which shall 
have been increased, during such time. No member of Congress, nor 
any person holding any office under this State, or the United States, 
except officers usually appointed by the courts of justice respectively, 
attorneys-at-law and officers in the militia, holding no disqualifying 
office, shall during his continuance in Congress or in office be a Senator 
or Representative ; nor shall any person while concerned in any army or 
navy contract be a Senator or Representative. 



CONSTITUTION OF DELAWARE 243 

Section 15. The members of the General Assembly, except the pre- 
siding officers of the respective Houses, shall receive as compensation 
for their services a per diem allowance of five dollars, and the presiding 
officers a per diem allowance of six dollars for each day of the session, not 
exceeding sixty days; and should they remain longer in session they shall 
serve without compensation. In case a special or extra session of the 
General Assembly be called the members and presiding officers shall 
receive like compensation for a period not exceeding thirty days. 

The compensation of members of the General Assembly and of the 
Lieutenant-Governor as president of the Senate shall be paid out of the 
Treasury of the State. 

The cost to the State for stationery and other supplies for each mem- 
ber of the General Assembly shall not exceed the sum of twenty-five 
dollars for any regular session, or the sum of ten dollars for any special 
session. 

Section 16. No bill or joint resolution, except bills appropriating 
money for public purposes, shall embrace more than one subject, which 
shall be expressed in its title. 

Section 17. Lotteries, the sale of lottery tickets, pool selling and all 
other forms of gambling are prohibited in this State. The General 
Assembly shall enforce this section by appropriate legislation. 

Section 18. No divorce shall be granted, nor alimony allowed, ex- 
cept by the judgment of a court, as shall be prescribed by general and 
uniform law. 

Section 19. The General Assembly shall not pass any local or special 
law relating to fences ; the straying of live stock ; ditches ; the creation or 
changing the boundaries of school districts; or the laying out, opening, 
alteration, maintenance or vacation, in whole or in part, of any road, 
highway, street, lane or alley. 

Section 20. Any member of the General Assembly who has a per- 
sonal or private interest in any measure or bill pending in the General 
Assembly shall disclose the fact to the House of which he is a member 
and shall not vote thereon. 

Section 21. No person who shall be convicted of embezzlement of the 
public money, bribery, perjury or other infamous crime, shall be eligible 
to a seat in either House of the General Assembly, or capable of holding 
any office of trust, honor or profit under this State. 



244 APPENDIX 

Section 22. Every person who shall give, offer or promise, directly 
or indirectly, any money, testimonial, privilege, personal advantage or 
thing of value to any executive or judicial officer of this State or to any 
member of either House of the General Assembly for the purpose of in- 
fluencing him in the performance of any of his official or public duties 
shall be deemed guilty of bribery, and shall be punished in such manner 
as shall be provided by law. 

Section 23. Every statute shall be a public law unless otherwise 
declared in the statute itself. 

Section 24. The State Treasurer shall settle his accounts annually 
with the General Assembly or a joint committee thereof, which shall 
be appointed at every biennial session. No person who has served in the 
office of State Treasury shall be eligible to a seat in either House of the 
General Assembly until he shall have made a final settlement of his 
accounts as treasurer and discharged the balance, if any, due thereon. 

Article III. Executive 

Section i. The supreme executive powers of the State shall be 
vested in a Governor. 

Section 2. The Governor shall be chosen by the qualified electors 
of the State, once in every four years, at the general election. 

Section 3. The returns of every election for Governor shall be sealed 
up and immediately transmitted to the President of the Senate, or in case 
of a vacancy in the office of President of the Senate, or his absence from 
the State, to the Secretary of State, who shall keep the same until a Presi- 
dent of the Senate shall be chosen, to whom they shall be immediately 
transmitted after his election, who shall open and publish the same in the 
presence of the members of both Houses of the General Assembly. Du- 
plicates of the said returns shall also be immediately lodged with the 
Prothonotary of each county. The person having the highest number 
of votes shall be Governor; but if two or more shall be equal in the high- 
est number of votes, the members of the two Houses shall, by joint ballot, 
choose one of them to be Governor ; and if, upon such ballot, two or more 
of them shall still be equal and highest in votes, the President of the Sen- 
ate shall have the casting vote. 

Section 4. Contested elections of the Governor or Lieutenant-Gov- 



CONSTITUTION OF DELAWARE 245 

ernor shall be determined by a joint committee, consisting of one-third 
of all the members elected to each House of the General Assembly, to 
be selected by ballot of the Houses respectively. Every member of the 
committee shall take an oath or affirmation that in determining the said 
election he will faithfully discharge the trust reposed in him; and the 
committee shall always sit with open doors. 

The Chief Justice, or, in case of his absence or disability, the Chan- 
cellor shall preside at the trial of any contested election of Governor or 
Lieutenant-Governor, and shall decide questions regarding the admissi- 
bility of evidence, and shall, upon request of the committee, pronounce 
his opinion upon other questions of law involved in the trial. 

Section 5. The Governor shall hold his office during four years from 
the third Tuesday of January next ensuing his election ; and shall not be 
elected a third time to said office. 

Section 6. The Governor shall be at least thirty years of age, and 
have been a citizen and inhabitant of the United States twelve years next 
before the day of his election, and the last six years of that term an in- 
habitant of this State, unless he shall have been absent on public business 
of the United States or of this State. 

Section 7. The Governor shall, at stated times, receive for his services 
an adequate salary to be fixed by law, which shall be neither increased nor 
diminished during the period for which he shall have been elected. 

Section 8. He shall be commander-in-chief of the army and navy of 
this State, and of the militia, except when they shall be called into the 
service of the United States. 

Section 9. He shall have power, unless herein otherwise provided, 
to appoint, by and with the consent of a majority of all the members 
elected to the Senate, such officers as he is or may be authorized by this 
Constitution or by law to appoint. He shall have power to fill all va- 
cancies that may happen during the recess of the Senate, in offices to 
which he may appoint, except in the offices of Chancellor, Chief Justice 
and Associate Judges, by granting Commissions which shall expire at 
the end of the next session of the Senate. 

He shall have power to fill all vacancies that may happen in elective 
offices, except in the offices of Lieutenant-Governor and members of the 
General Assembly, by granting Commissions which shall expire when 
their successors shall be duly qualified. 



246 APPENDIX 

In case of vacancy in an elective office, except as aforesaid, a person 
shall be chosen to said office for the full term at the next general election, 
unless the vacancy shall happen within two months next before such elec- 
tion, in which case the election for said office shall be held at the second 
succeeding general election. 

Unless herein otherwise provided, confirmation by the Senate of officers 
appointed by the Governor shall be required only where the salary, fees 
and emoluments of office shall exceed the sum of five hundred dollars 
annually. 

Section 10. The Governor shall appoint, by and with the consent of 
a majority of all the members elected to the Senate, a Secretary of State, 
who shall hold office during the pleasure of the Governor. He shall keep 
a fair register of all the official acts and proceedings of the Governor, and 
shall, when required by either House of the General Assembly lay the 
same, and all papers, minutes and vouchers, relative thereto, before such 
House, and shall perform such other duties as shall be enjoined upon him 
by law. He shall have a compensation for his services to be fixed by law. 

Section ii. No person shall be elected or appointed to an office 
within a county who shall not have a right to vote for a Representative 
in the General Assembly, and have been a resident therein one year next 
before his election or appointment, nor hold the office longer than he 
continues to reside in the county, unless herein otherwise provided. 

No member of Congress, nor any person holding or exercising any 
office under the United States, except officers usually appointed by the 
courts of justice respectively and attorneys-at-law, shall at the same time 
hold or exercise any office of profit under this State, unless herein other- 
wise provided. 

No person shall hold more than one of the following offices at the same 
time, to wit: Secretary of State, Attorney-General, Insurance Commis- 
sioner, State Treasurer, Auditor of Accounts, Prothonotary, Clerk of the 
Peace, Register of Wills, Recorder, Sheriff or Coroner. 

Section 12. All Commissions shall be in the name of the State, and 
shall be sealed with the great seal and signed by the Governor. 

Section 13. The Governor may for any reasonable cause remove 
any officer, except the Lieutenant-Governor and members of the General 
Assembly, upon the address of two-thirds of all the members elected to 
each House of the General Assembly. Whenever the General Assembly 



CONSTITUTION OF DELAWARE 247 

shall so address the Governor, the cause of removal shall be entered on 
the journals of each House. The person against whom the General 
Assembly may be about to proceed shall receive notice thereof, accom- 
panied with the cause alleged for his removal, at least ten days before the 
day on which either House of the General Assembly shall act thereon. 

Section 14. The Governor may require information in writing from 
the officers in the executive department, upon any subject relating to the 
duties of their respective offices. 

Section 15. He shall, from time to time, give to the General Assem- 
bly information of affairs concerning the State and recommend to its 
consideration such measures as he shall judge expedient. 

Section 16. He may on extraordinary occasions convene the General 
Assembly by proclamation; and in case of disagreement between the 
two Houses with respect to the time of adjournment, adjourn them to 
such time as he shall think proper, not exceeding three months. He 
shall have power to convene the Senate in extraordinary session by proc- 
lamation, for the transaction of executive business. 

Section 17. He shall take care that the laws be faithfully executed. 

Section 18. Every bill which shall have passed both Houses of the 
General Assembly shall, before it becomes a law, be presented to the 
Governor; if he approve, he shall sign it; but if he shall not approve, 
he shall return it with his objections to the House in which it shall have 
originated, which House shall enter the objections at large on the journal 
and proceed to reconsider it. If, after such reconsideration, three-fifths 
of all the members elected to that House shall agree to pass the bill, it 
shall be sent together with the objections to the other House, by which 
it shall likewise be reconsidered, and if approved by three-fifths of all 
the members elected to that House, it shall become a law : but in neither 
House shall the vote be taken on the day on which the bill shall be re- 
turned to it. In all such cases the votes of both Houses shall be deter- 
mined by yeas and nays, and the names of the members voting for and 
against the bill shall be entered on the journal of each House respectively. 
If any bill shall not be returned by the Governor within ten days, Sun- 
days excepted, after it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, unless the General Assem- 
bly shall, by adjournment, prevent its return, in which case it shall not 
become a law without the approval of the Governor. No bill shall be- 



248 APPENDIX 

come a law after the final adjournment of the General Assembly, unless 
approved by the Governor within thirty days after such adjournment. 
The Governor shall have power to disapprove of any item or items of 
any bill making appropriations of money, embracing distinct items, and 
the part or parts of the bill approved shall be the law, and the item or 
items of appropriation disapproved shall be void, unless repassed accord- 
ing to the rules and limitations prescribed for the passage of other bills 
over the Executive veto. Every order, resolution, or vote to which the 
concurrence of both Houses of the General Assembly may be necessary, 
except on a question of adjournment, shall be presented to the Governor, 
and before the same shall take effect be approved by him, or, being dis- 
approved by him, shall be repassed by three-fifths of all the members 
elected to each House of the General Assembly, according to the rules 
and limitations prescribed in the case of a bill. 

Section 19. A Lieutenant-Governor shall be chosen at the same 
time, in the same manner, for the same term, and subject to the same 
provisions as the Governor; he shall possess the same qualifications of 
eligibility for office as the Governor; he shall be President of the Senate, 
but shall have no vote unless the Senate be equally divided. 

The Lieutenant-Governor while acting as President of the Senate, or 
as a member of the Board of Pardons, whenever attending the sessions 
of said Board, shall receive for his services the same compensation per 
day as the Speaker of the House of Representatives. 

Section 20. In case the person elected Governor shall die or become 
disqualified before the commencement of his term of office, or shall re- 
fuse to take the same, or in case of the removal of the Governor from 
office, or of his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the Lieutenant- 
Governor; and in case of removal, death, resignation, or inability of both 
the Governor and Lieutenant-Governor, the Secretary of State, or if 
there be none, or in case of his removal, death, resignation, or inability, 
then the Attorney-General, or if there be none, or in case of his removal, 
death, resignation, or inability, then the President pro tempore of the 
Senate, or if there be none, or in case of his removal, death, resignation, 
or inability, then the Speaker of the House of Representatives shall act 
as Governor until the disability of the Governor or Lieutenant-Governor 
is removed, or a Governor shall be duly elected and qualified. 



CONSTITUTION OF DELAWARE 249 

The foregoing provisions of this section shall apply only to such per- 
sons as are eligible to the office of Governor under this Constitution at 
the time the powers and duties of the office of Governor shall devolve 
upon them respectively. 

Whenever the powers and duties of the office of Governor shall devolve 
upon the Lieutenant-Governor, Secretary of State, or Attorney-General, 
his office shall become vacant; and whenever the powers and duties of 
the office of Governor shall devolve upon the President pro tempore of 
the Senate, or the Speaker of the House of Representatives, his seat as 
a member of the General Assembly shall become vacant ; and any such 
vacancy shall be filled as directed by this Constitution; provided, how- 
ever, that such vacancy shall not be created in case either of the said 
persons shall be acting as Governor during a temporary disability of the 
Governor. 

Section 21. The term of office of the Attorney-General and Insurance 
Commissioner shall be four years; and the terms of office of the State 
Treasurer and Auditor of Accounts shall be two years. These officers 
shall be chosen by the qualified electors of the State at general elections, 
and be commissioned by the Governor. 

Section 22. The terms of office of Prothonotaries, Clerks of the Peace, 
Registers of Wills, Recorders, Registers in Chancery and Clerks of the 
Orphans' Court shall be four years ; and the terms of office of Sheriffs 
and Coroners shall be two years. These officers shall be chosen by the 
qualified electors of the respective counties at general elections, and be 
commissioned by the Governor. 

No person shall be twice elected Sheriff in any term of four years. 

Section 23. Prothonotaries, Clerks of the Peace, Registers of Wills, 
Recorders, Registers in Chancery, Clerks of the Orphans' Court and 
Sheriffs shall keep their offices in the town or place in each county in 
which the Superior Court is usually held. 

Article IV. Judiciary 

Section i. The judicial power of this State shall be vested in a Su- 
preme Court, a Superior Court, a Court of Chancery, an Orphans' 
Court, a Court of Oyer and Terminer, a Court of General Sessions, a 
Register's Court, Justices of the Peace and such other courts as the 



250 APPENDIX 

General Assembly, with the concurrence of two-thirds of all the members 
elected to each House, shall from time to time by law establish. 

Section 2. There shall be six State Judges who shall be learned in 
the law. One of them shall be Chancellor, one of them Chief Justice 
and the other four of them Associate Judges. 

The Chancellor, Chief Justice and one of the Associate Judges may 
be appointed from and reside in any part of the State. The other three 
Associate Judges may be appointed from any part of the State. They 
shall be resident Associate Judges, and one of them shall reside in each 
county. 

In case the commissions of two or more of the Associate Judges 
shall be of the same date, they shall, as soon as conveniently may be after 
their appointment, determine their seniority by lot, and certify the result 
to the Governor. 

Section 3. The Chancellor, Chief Justice and Associate Judges shall 
be appointed by the Governor, by and with the consent of a majority 
of all the members elected to the Senate, for the term of twelve years: 
Provided, however, that the Chancellor, Chief Justice and Associate 
Judges first to be appointed under this amended Constitution, shall be 
appointed by the Governor without the consent of the Senate, for the 
term of twelve years ; and the persons so appointed shall enter upon the 
discharge of the duties of their respective offices upon taking the oath of 
office prescribed by this amended Constitution. If a vacancy shall occur, 
by expiration of term or otherwise, at a time when the Senate shall not 
be in session, the Governor shall within thirty days after the happening 
of any such vacancy convene the Senate for the purpose of confirming 
his appointment to fill said vacancy, and the transaction of such other 
executive business as may come before it. Such vacancy shall be filled 
as aforesaid for the full term. The said appointment shall be such that 
no more than three of the said five law judges, in office at the same time, 
shall have been appointed from the same political party. 

Section 4. The Chancellor, Chief Justice and Associate Judges shall 
respectively receive from the State for their services a compensation which 
shall be fixed by law and paid quarterly, and shall not be less than the 
annual sum of three thousand dollars, and they shall not receive any fees 
or perquisites in addition to their salaries for business done by them ex- 
cept as provided by law. They shall hold no other office of profit. 






CONSTITUTION OF DELAWARE 25 1 

Section 5. The Chief Justice and the four Associate Judges shall 
compose the Superior Court, the Court of General Sessions and the Court 
of Oyer and Terminer, as hereinafter prescribed. 

The said five judges shall designate those of their number who shall 
hold the said courts in the several counties. Whenever practicable the 
said courts shall consist of three of the said five judges, but no more than 
three of them shall sit together in any of the said courts. In each of the 
said courts the Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. 

Two shall constitute a quorum in the said courts respectively except 
in the Court of Oyer and Terminer, where three shall constitute a 
quorum. 

One may open and adjourn court. 

Section 6. Two sessions of the Superior Court or Court of General 
Sessions, or one session of each of the said courts, or one session of the 
Court of Oyer and Terminer and of either of the other of the said courts 
may at the same time be held in the same county or in different counties, 
and the business in the several counties may be distributed and appor- 
tioned in such manner as shall be provided by the rules of the said courts 
respectively. 

Section 7. The Superior Court shall have jurisdiction of all causes 
of a civil nature, real, personal and mixed, at common law and all other 
the jurisdiction and powers vested by the laws of this State in the Superior 
Court. 

Section 8. The Courts of General Sessions shall have all the juris- 
diction and powers vested by the laws of this State in the Courts of 
General Sessions of the Peace and Jail Delivery. 

Section 9. The Court of Oyer and Terminer shall have all the juris- 
diction and powers vested by the laws of this State in the Court of Oyer 
and Terminer. . 

Section 10. The Chancellor shall hold the Court of Chancery. This 
court shall have all the jurisdiction and powers vested by the laws of this 
State in the Court of Chancery. 

Section ii. The Orphans' Court in each County shall consist of the 
Chancellor and the resident Associate Judge of the county. The Chan- 
cellor when present shall preside. One of them shall constitute a, 
quorum. 



252 APPENDIX 

When their opinions are opposed, or when the decision is made by 
one of them, or when the decision is made by both of them in matters 
involving a right to real estate or the appraised value or other value 
thereof, and in all matters affecting guardians or guardians' accounts, 
there shall be an appeal to the Superior Court for the county, which 
shall have final Jurisdiction in every such case. Upon such appeal, if 
the Associate Judge sat in the cause below, he shall not sit in the Superior 
Court. In all other cases the decision of the Orphans' Court shall be 
final. 

This court shall have all the jurisdiction and powers vested by the 
laws of this State in the Orphans' Court. 

Section 12. The Supreme Court shall have jurisdiction as follows: 

(1). To issue writs of error to the Superior Court and to determine 
finally all matters in error in the judgments and proceedings of said 
Superior Court. 

(2). To issue upon application of the accused, after conviction and 
sentence, writs of error to the Court of Oyer and Terminer and the 
Court of General Sessions in all cases in which the sentence shall be 
death, imprisonment exceeding one month, or fine exceeding one hun- 
dred dollars, and in such other cases as shall be provided by law; and 
to determine finally all matters in error in the judgments and proceedings 
of said Court of Oyer and Terminer and Court of General Sessions in 
such cases; provided, however, that there shall be no writ of error to the 
Court of General Sessions in cases of prosecution under Section 8 of 
Article V of this Constitution. 

(3). To receive appeals from the Court of General Sessions in cases 
of prosecution under Section 8 of Article V of this Constitution, and to 
determine finally all matters of appeal in such cases. 

(4). To receive appeals from the Court of Chancery, and to determine 
finally all matters of appeals in the interlocutory or final decrees and to 
proceedings in chancery. 

(5). To issue writs of prohibition, certiorari and mandamus to the 
Superior Court, the Court of Oyer and Terminer, the Court of General 
Sessions, the Court of Chancery and the Orphans' Court, or any of the 
judges of the said courts, and all orders, rules and processes proper to 
give effect to the same. The General Assembly shall have power to 
provide by law of what judges the Supreme Court shall consist for the 



CONSTITUTION OF DELAWARE 253 

purpose of this paragraph and in what manner, and by what judges of the 
Supreme Court the jurisdiction and power hereby conferred may be 
exercised in vacation. 

Section 13. The Supreme Court upon a writ of error to the Superior 
Court, Court of Oyer and Terminer, or Court of General Sessions, or 
upon appeal from the Court of General Sessions, shall consist of the 
Chancellor and such of the other five judges as did not sit in the cause 
below. The Chancellor when present shall preside, and in his absence 
the Chief Justice when present shall preside, and in his absence the senior 
Associate Judge present shall preside. Any three of them shall consti- 
tute a quorum, and one of them may open and adjourn court. 

Section 14. The Supreme Court upon an appeal from the Court of 
Chancery shall consist of the Chief Justice and the four Associate Judges. 

The Chief Justice when present shall preside, and in his absence the 
senior Associate Judge present shall preside. Any three of them shall 
constitute a quorum, and one of them may open and adjourn court. 

Section 15. Whenever the Superior Court, Court of Oyer and Ter- 
miner or Court of General Sessions shall consider that a question of law 
ought to be heard by the Court in Banc, they shall have power, upon 
application of either party, to direct it to be so heard; and in that case 
the Court in Banc shall consist of the Chief Justice and the four Associate 
Judges. 

The Chief Justice when present shall preside, and in his absence the 
senior Associate Judge present shall preside. Any four of them shall 
constitute a quorum, and one of them may open and adjourn court. 

The Superior Court, Court of Oyer and Terminer or Court of General 
Sessions in exercising this power, may direct a cause to be proceeded into 
verdict or judgment in that court, or to be otherwise proceeded in, as shall 
be best for expediting justice. 

Section 16. In matters of chancery jurisdiction in which the Chan- 
cellor is interested or otherwise disqualified, the Chief Justice shall have 
jurisdiction, and there shall be an appeal to the Supreme Court, which 
shall in this case consist of the four Associate Judges, the senior Associate 
Judge present presiding. Any three of them shall constitute a quorum, 
and one of them may open and adjourn court. 

Section 17. The Chief Justice, or, in case of his absence from the 
State or disability, the senior Associate Judge shall have power during 



254 APPENDIX 

the absence of the Chancellor from the State or his temporary disability, 
to grant restraining orders and preliminary injunctions, pursuant to the 
rules of the Court of Chancery ; provided, that nothing herein contained 
shall be construed to confer general jurisdiction over the case. 

Section 18. The Governor shall have power to commission a judge 
ad litem for the purpose of constituting a quorum in the Superior Court, 
Court of Oyer and Terminer, Court of General Sessions or Supreme 
Court, where by reason of legal exception to the Chancellor or any judge 
or for other cause a quorum could not otherwise be had. The com- 
mission in such case shall confine the office to the cause, and it shall ex- 
pire on the determination of the cause. The judge so appointed shall 
receive a reasonable compensation to be fixed by the General Assembly. 
A member of Congress, or any person holding or exercising an office 
under the United States, shall not be disqualified from being appointed 
a judge ad litem. 

Section 19. The jurisdiction of each of the aforesaid courts shall 
be co-extensive with the State. Process may be issued out of each court, 
in either county, into every county. No costs shall be awarded against 
any party to a cause by reason of the fact that suit is brought in a county 
other than that in which the defendant or defendants may reside at the 
time of bringing suit. 

Section 20. The General Assembly, notwithstanding anything con- 
tained in this Article, shall have power to repeal or alter any act of the 
General Assembly, giving jurisdiction to the Court of Oyer and Terminer, 
the Superior Court, the Court of General Sessions of the Peace and Jail 
Delivery, the Orphans' Court or the Court of Chancery, in any matter, 
or giving any power to either of the said courts. The General Assembly 
shall also have power to confer upon the Courts of Oyer and Terminer, 
the Superior Court, the Court of General Sessions, the Orphans' Court 
and the Court of Chancery jurisdiction and powers in addition to those 
hereinbefore mentioned. Until the General Assembly shall otherwise 
direct, there shall be an appeal to the Supreme Court in all cases in which 
there is an appeal, according to any act of the General Assembly, to the 
Court of Errors and Appeals. 

Section 21. Until the General Assembly shall otherwise provide, the 
Chancellor shall exercise all the powers which any law of this State vests 
in the Chancellor, besides the general powers of the Court of Chancery, 



CONSTITUTION OF DELAWARE 255 

and the Chief Justice and Associate Judges shall each singly exercise 
all the powers which any law of this State vests in the judges singly of the 
Superior Court. 

Section 22. Judges shall not charge juries with respect to matters of 
fact, but may state the questions of facts in issue and declare the law. 

Section 23. In civil causes where matters of fact are at issue, if the 
parties agree, such matters of fact shall be tried by the court, and judg- 
ment rendered upon their decision thereon as upon a verdict by a jury. 

Section 24. In civil causes, when pending, the Superior Court shall 
have the power, before judgment, of directing, upon such terms as it 
shall deem reasonable, amendments, impleadings and legal proceedings, 
so that by error in any of them, the determination of causes, according to 
their real merits, shall not be hindered; and also of directing the ex- 
amination of witnesses who are aged, very infirm, or going out of the 
State, upon interrogatories de bene esse, to be read in evidence, in case 
of the death or departure of the witnesses before the trial, or inability 
by reason of age, sickness, bodily infirmity, or imprisonment, then to 
attend ; and also the power of obtaining evidence from places not within 
the State. 

Section 25. At any time pending an action for debt or damages, the 
defendants may bring into court a sum of money for discharging the same, 
together with the costs then accrued, and the plaintiff not accepting the 
same, if upon the final decision of the cause, he shall not recover a greater 
sum than so paid into court for him, he shall not recover any costs accru- 
ing after such payment, except where the plaintiff is an executor or 
administrator. 

Section 26. By the death of any party, no suit in chancery or at law, 
where the cause of action survives, shall abate, but, until the General 
Assembly shall otherwise provide, suggestion of such death being entered 
of record, the executor or administrator of a deceased petitioner or plain- 
tiff may prosecute the said suit ; and if a respondent or defendant dies, 
the executor or administrator being duly served with a scire facias thirty 
days before the return thereof shall be considered as a party to the suit, 
in the same manner as if he had voluntarily made himself a party ; and 
in any of those cases, the court shall pass a decree, or render judgment 
for or against executors or administrators, as to right appertains. But 
where an executor or administrator of a deceased respondent or 



256 APPENDIX 

defendant becomes a party, the court upon motion shall grant such a 
continuance of the cause as to the judges shall appear proper. 

Section 27. Whenever a person, not being an executor or adminis- 
trator, appeals from a decree of the Chancellor, or applies for a writ of 
error, such appeal or writ shall be no stay of proceeding in chancery, 
or the court to which the writ issues, unless the appellant or plaintiff in 
error shall give sufficient security, to be approved respectively by the 
Chancellor, or by a judge of the court from which the writ issues, that 
the appellant or plaintiff in error shall prosecute respectively his appeal 
or writ to effect, and pay the condemnation money and all costs, or other- 
wise abide the decree in appeal or the judgment in error, if he fails to 
make his plea good. 

Section 28. No writ or error shall be brought upon any judgment 
heretofore confessed, entered or rendered, or upon any judgment here- 
after to be confessed, entered or rendered, but within five years after the 
confessing, entering or rendering thereof; unless the person entitled to 
such writ be an infant, feme covert, non compos mentis, or a prisoner, 
and then within five years exclusive of the time of such disability. 

Section 29. The Prothonotary of the Superior Court may issue pro- 
cess, take recognizances of bail and enter judgments, according to law 
and the practice of the court. No judgment in one county shall bind 
lands or tenements in another, until a testatum fieri facias being issued, 
shall be entered of record in the office of the Prothonotary of the county 
wherein the lands or tenements are situate. 

Section 30. The General Assembly may by law give to any inferior 
courts by it established or to be established, or to one or more justices 
of the peace, jurisdiction of the criminal matters following, that is to say: 
assaults and batteries, keeping without license a public house of enter- 
tainment, tavern, inn, ale house, ordinary or victualing house, retailing 
or selling without license, or on Sunday, or to minors, wine, rum, brandy, 
gin, whiskey, or spirituous or mixed liquors, contrary to law, carrying 
concealed a deadly weapon, disturbing meetings held for the purpose of 
religious worship, nuisances, and such other misdemeanors as the Gen- 
eral Assembly may from time to time, with the concurrence of two-thirds 
of all the members elected to each House prescribe. 

The General Assembly may by law regulate this jurisdiction, and pro- 
vide that the proceedings shall be with or without indictment by grand 



CONSTITUTION OF DELAWARE 257 

jury, or trial by petit jury, and may grant or deny the privilege of appeal 
to the Court of General Sessions; provided, however, that there shall 
be an appeal to the Court of General Sessions in all cases in which the 
sentence shall be imprisonment exceeding one month, or a fine exceeding 
one hundred dollars. 

Section 31. There shall be appointed, as hereinafter provided, such 
number of persons to the office of Justice of the Peace as shall be directed 
by law, who shall be commissioned for four years. 

Section 32. Justices of the Peace and the judges of such courts as 
the General Assembly may establish pursuant to the provisions of Sec- 
tion 1 or Section 30 of this Article shall be appointed by the Governor, 
by and with the consent of a majority of all the members elected to the 
Senate, for such terms as shall be fixed by this Constitution or by law. 

Section 33. The Registers of Wills of the several counties shall re- 
spectively hold the Register's Court in each county. Upon the litiga- 
tion of a cause the depositions of the witnesses examined shall be taken 
at large in writing and make part of the proceedings in the cause. This 
court may issue process throughout the .State. Appeals may be taken 
from a Register's Court to the Superior Court, whose decision shall be 
final. In cases where a Register of Wills is interested in questions con- 
cerning the probate of wills, the granting of letters of administration or 
executors' or administrators' accounts, the cognizance thereof shall be- 
long to the Orphans' Court, with an appeal to the Superior Court, whose 
decision shall be final. 

Section 34. An executor or administrator shall file every account with 
the Register of Wills for the county, who shall, as soon as conveniently 
may be, carefully examine the particulars with the proofs thereof, in the 
presence of such executor or administrator, and shall adjust and settle 
the same according to the right of the matter and the law of the land ; 
which account so settled shall remain in his office for inspection; and 
the executor, or administrator, shall within three months after such settle- 
ment give notice in writing to all persons entitled to shares of the estate, 
or to their guardians, respectively, if residing within the State, that 
the account is lodged in the said office for inspection. 

Exceptions may be made by persons concerned to both sides of every 
such account, either denying the justice of the allowances made to the 
accountant or alleging further charges against him; and the exceptions 

gov. of del. — 17 



258 APPENDIX 

shall be heard in the Orphans' Court for the county: and thereupon 
the account shall be adjusted and settled according to the right of the 
matter and law of the land. 

Section 35. The style in all process and public acts shall be THE 
STATE OF DELAWARE. Prosecutions shall be carried on in the 
name of the State. 

Article V. Elections 

Section i. The general election shall be held biennially on the 
Tuesday next after the first Monday in the month of November, and shall 
be by ballot ; but the General Assembly may by law prescribe the means, 
methods and instruments of voting so as best to secure secrecy and the 
independence of the voter, preserve the freedom and purity of elections 
and prevent fraud, corruption and intimidation thereat. 

Section 2. Every male citizen of this State of the age of twenty-one 
years who shall have been a resident thereof one year next preceding 
an election, and for the last three months a resident of the county, and 
for the last thirty days a resident of the hundred or election district in 
which he may offer to vote, and in which he shall have been duly regis- 
tered as hereinafter provided for, shall be entitled to vote at such elec- 
tion in the hundred or election district of which he shall at the time be a 
resident, and in which he shall be registered, for all officers that now are 
or hereafter may be elected by the people and upon all questions which 
may be submitted to the vote of the people : provided, however, that no 
person who shall attain the age of twenty-one years after the first day of 
January, in the year of our Lord nineteen hundred, or after that date 
shall become a citizen of the United States, shall have the right to vote 
unless he shall be able to read this Constitution in the English language 
and write his name ; but these requirements shall not apply to any person 
who by reason of physical disability shall be unable to comply therewith; 
and provided also, that no person in the military, naval, or marine service 
of the United States shall be considered as acquiring a residence in this 
State, by being stationed in any garrison, barrack, or military or naval 
place or station within this State; and no idiot or insane person, pauper, 
or person convicted of a crime deemed by law felony, or incapacitated 
under the provisions of this Constitution from voting, shall enjoy the 



CONSTITUTION OF DELAWARE 259 

right of an elector; and the General Assembly may impose the forfeiture 
of the right of suffrage as a punishment for crime. 

Section 3. No person who shall receive or accept, or offer to receive 
or accept, or shall pay, transfer, or deliver, or offer or promise to pay, 
transfer, or deliver, or shall contribute, or offer or promise to contribute 
to another, to be paid or used, any money or other valuable thing as a 
compensation, inducement or reward for the registering or obtaining 
from registering of any one qualified to register, or for the giving or with- 
holding, or in any manner influencing the giving or withholding, a vote 
at any general or special or municipal election in this State, shall vote 
at such election ; and upon challenge for any of said causes, the person 
so challenged before the officers authorized for that purpose shall receive 
his vote, shall swear or affirm before such officers that he has not re- 
ceived or accepted, or offered to receive or accept, or paid, transferred or 
delivered, or offered or promised to pay, transfer or deliver, or contributed, 
or offered or promised to contribute to another, to be paid or used, any 
money or other valuable thing as a compensation, inducement or reward 
for the registering or abstaining from registering of any one qualified to 
register, or for the giving or withholding, or in any manner influencing 
the giving or withholding, a vote at such election. 

Such oath or affirmation shall be conclusive evidence to the election 
officers of the truth of such oath or affirmation ; but if any such oath or 
affirmation shall be false, the person making the same shall be guilty 
of perjury, and no conviction thereof shall bar any prosecution under 
Section 8 of this Article. 

Section 4. The General Assembly shall provide by law for a uniform 
biennial registration of the names of all the voters in this State who possess 
the qualifications prescribed in this Article, which registration shall be 
conclusive evidence to the election officers of the right of every person 
so registered to vote at the general election next thereafter, who is not 
disqualified under the provision of Section 3 of this Article; but no per- 
son shall vote at such election unless his name appears in the list cf 
registered voters. 

Such registration shall be commenced not more than one hundred 
and twenty days nor less than sixty days before and be completed not 
more than twenty nor less than ten days before such election. Applica- 
tion for registration may be made on at least five days during the said 



260 APPENDIX 

period; provided, however, that such registration may be corrected as 
hereinafter provided, at any time prior to the day of holding the election. 

Voters shall be registered upon personal application only; and each 
voter shall, at the time of his registration, pay a registration fee of one 
dollar, for the use of the county where such registration fee is paid. 

From the decision of the registration officers granting or refusing regis- 
tration, or striking or refusing to strike a name or names from the regis- 
tration list, any person interested, or any registration officer, may appeal 
to the resident Associate Judge of the county, or in case of his disability 
or absence from the county, to any judge entitled to sit in the Supreme 
Court, whose determination shall be final; and he shall have power to 
order any name improperly omitted from the said registry to be placed 
thereon, and any name improperly appearing on the said registry to be 
stricken therefrom, and any name appearing on the said registry, in any 
manner incorrect, to be corrected, and to make and enforce all necessary 
orders in the premises for the correction of the said registry. Registra- 
tion shall be required only for general biennial elections at which Rep- 
resentatives to the General Assembly shall be chosen, unless the General 
Assembly shall otherwise provide by law. 

The existing laws in reference to the registration of voters, so far as 
consistent with the provisions of the Article, shall continue in force until 
the General Assembly shall otherwise provide. 

Sfxtion 5. Electors shall in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest, during their attendance at elec- 
tions, and in going to and returning from them. 

Section 6. The presiding election officer of each hundred or election 
district, on the day next after the general election, shall deliver one of the 
certificates of the election, made and certified as required by law, together 
with the ballot box or ballot boxes, containing the ballots, and other 
papers required by law to be placed therein, to the Prothonotary of the 
Superior Court of the county, who shall at twelve o'clock noon on the 
second day after the election present the same to the said court, and the 
election officer or officers having charge of any other certificate or cer- 
tificates of the election shall at the same time present the same to the said 
court, and the said court shall at the same time convene for the perform- 
ance of the duties hereby imposed upon it ; and thereupon the said court, 
with the aid of such of its officers and such sworn assistants as it shall 



CONSTITUTION OF DELAWARE 261 

appoint, shall publicly ascertain the state of the election throughout the 
county, by calculating the aggregate amount of all the votes for each 
office that shall be given in all the hundreds and election districts of the 
county for every person voted for for such office. 

In case the certificates of election of any hundred or election district 
shall not be produced, or in case the certificates produced do not agree, 
or in case of complaint under oath of fraud or mistake in any such cer- 
tificate, or in case fraud or mistake is apparent on the face of any such 
certificate, the court shall have power to issue summary process against 
the election officers or any other persons to bring them forthwith into 
court with the election papers in their possession or control, and to open 
the ballot boxes and take therefrom any paper contained therein, and to 
make a re-count of the ballots contained therein, and to correct any fraud 
or mistake in any certificate or paper relating to such election. 

The said court shall have all the other jurisdiction and powers now 
vested by law in the boards of canvass, and such other powers as shall 
be provided by law. 

After the state of the election shall have been ascertained as aforesaid, 
the said court shall make certificates thereof, under the seal of said court, 
in the form required by law, and transmit, deliver and lodge the same as 
required by this Constitution or by law, and deliver the ballot boxes to the 
sheriff of the county, to be by him kept and delivered as required by law. 

No act or determination of the court in the discharge of the duties 
imposed upon it by this section shall be conclusive in the trial of any 
contested election. 

For the purposes of this section the Superior Court shall consist in 
New Castle County of the Chief Justice and the resident Associate Judge ; 
in Kent County of the Chancellor and the resident Associate Judge; 
and in Sussex County of the resident Associate Judge and the remaining 
Associate Judge. 

Two shall constitute a quorum. The Governor shall have power to 
commission a judge for the purpose of constituting a quorum when by 
reason of legal exception to the Chancellor or any judge, or for any other 
cause, a quorum could not otherwise be had. 

Section 7. Every person who either in or out of the State shall receive 
or accept, or offer to receive or accept, or shall pay, transfer or deliver, or 
offer or promise to pay, transfer or deliver, or shall contribute, or offer 



262 APPENDIX 

or promise to contribute, to another to be paid or used, any money or 
other valuable thing as a compensation, inducement or reward for the 
giving or withholding, or in any manner influencing the giving or with- 
holding, a vote at any general, special, or municipal election in this State, 
or at any primary election, convention or meeting held for the purpose of 
nominating any candidate or candidates to be voted for at such general, 
special or municipal election ; or who either in or out of the State shall 
make or become directly or indirectly a party to any bet or wager de- 
pending upon the result of any such general, special, municipal or pri- 
mary election or convention or meeting, or upon a vote thereat by any 
person; or who either in or out of the State, shall, by the use or promise 
of money or other valuable thing, or otherwise, cause or attempt to cause 
any officer of election or registration officer to violate his official duty; 
or who either in or out of the State shall by the use or promise of money 
or other valuable thing influence or attempt to influence any person to be 
registered or abstain from being registered ; or who, being an officer, of 
election or registration officer, shall knowingly and wilfully violate his 
official duty; or who shall by force, threat, menace or intimidation, pre- 
vent or hinder, or attempt to prevent or hinder, any person qualified for 
registration from being registered or any person qualified to vote from 
voting according to his choice at any such general, special or municipal 
election, shall be deemed guilty of a misdemeanor, and shall be fined 
not less than one hundred dollars nor more than five thousand dollars, 
or shall be imprisoned for a term not less than one month nor more than 
three years, or shall suffer both fine and imprisonment within said limits, 
at the discretion of the court ; and, if a male, shall further for a term of 
ten years next following his sentence be incapable of voting at any such 
general, special, municipal or primary election or convention or meeting; 
but the penalty of disfranchisement shall not apply to any person making 
or being a party to any bet or wager, depending upon the result of any 
such general, special, municipal or primary election or convention or 
meeting. Every person charged with the commission while out of the 
State of any of the offenses enumerated in this section, and by this sec- 
tion made punishable, whether committed in or out of the State, may be 
prosecuted under Section 8 of this Article in any county in which he shall 
be arrested on such charge. No person other than the accused, shall, in 
the prosecution for any offense mentioned in this section, be permitted 



CONSTITUTION OF DELAWARE 263 

to withhold his testimony on the ground that it may criminate himself or 
subject him to public infamy; but such testimony shall not afterwards 
be used against him in any judicial proceeding, except for perjury in 
giving such testimony. 

Section 8. Every prosecution for any of the offenses mentioned in 
Section 7 of this Article shall be on information filed by the Attorney 
General, after examination and commitment or holding to bail by a 
judge or Justice of the Peace, and the cause shall be heard, tried and deter- 
mined by the court without the intervention of either a grand jury or petit 
jury. The accused, if adjudged guilty of the offense charged against 
him, shall have the right at any time within the space of three calendar 
months next after sentence is pronounced to an appeal to the Supreme 
Court. The court below, or any judge thereof, in term time or vacation, 
shall upon application by the accused allow such appeal ; but such appeal 
shall not operate as a supersedeas unless the appellant shall at the time 
of the allowance thereof give an appeal bond to the State of Delaware 
in such amount and with such surety as shall be approved by such court 
or judge. On such appeal the Supreme Court shall, with all convenient 
speed, review the evidence adduced in the cause in the court below, as 
well as the other proceedings therein ; and the law applicable thereto, 
and give final judgment accordingly, either affirming or reversing the 
judgment below. If the appellant shall fail to prosecute his appeal pur- 
suant to the rules and practice hereinafter provided for, the Supreme 
Court shall affirm the judgment of the court below. Where the sentence 
in the court below includes a term of imprisonment and an appeal bond 
is given and approved in manner aforesaid, the Supreme Court, if it 
affirm the judgment below, shall sentence the appellant to a term of im- 
prisonment equal to that imposed by the court below, after deducting 
therefrom a period equal to the time of imprisonment, if any, already 
suffered by him under the sentence of the court below. The surety or 
sureties in any appeal bond given under the provisions of this section 
shall have the right at any time after its approval and until final judg- 
ment shall be rendered by the Supreme Court, and, in case the judgment 
of the court below shall be affirmed, until the expiration of the space of 
thirty days next following such affirmance, to take, wherever found, and 
render the appellant to the sheriff of the county in which he was sentenced ; 
and a certified copy of the appeal bond shall be the sufficient warrant 



264 APPENDIX 

for such surety or sureties for taking and rendering. If the Supreme 
Court shall reverse any judgment of the court below imposing a fine, 
and if the accused shall have fully paid such fine and costs of prosecution, 
the amount thereof shall be refunded to the appellant through a warrant 
drawn by the court below on the treasurer of the county in which the 
accused was sentenced. All the judges entitled to sit in the Supreme 
Court shall, as soon as conveniently may be, meet at the usual place of 
sitting of said court, and they, or a majority of them, shall adopt rules 
prescribing the forms and conditions of appeal bonds to be used under 
the provisions of this section, and the manner of certifying copies thereof, 
providing for the printing or reduction to writing of all oral evidence in 
the cause in the court below and of the opinion of said court, for the 
certification of the same when so printed or reduced to writing, and of 
copies thereof; for the copying and certification of all documentary or 
other written or printed evidence in the cause in the court below and of 
the record therein ; for the transmission to the Supreme Court of such 
certified copies of such record, and of all the evidence adduced in the 
court below and of the opinion of said court for the transmission to the 
court below of a certified copy of the final judgment of the Supreme Court 
and of any additional sentence pronounced by said court, for tire dis- 
charge of sureties in appeal bonds, and for the framing, issuance, service 
and enforcement of all process and rules necessary to give full effect to 
the provisions of this section; and regulating generally the practice and 
procedure of the Supreme Court and the court below in cases of appeal 
under this section. The said judges, or a majority of them, met as 
aforesaid, may also provide that when complaint shall be made in due 
form, prescribed by them, to any judge entitled to sit in the Supreme 
Court, that any offense mentioned in Section 7 of this Article has been 
committed in the county in which such judge shall reside, or out of the 
State, such judge shall have power to cause the person charged with such 
offense to be arrested within any county of this State and brought before 
him, and to bind him with sufficient surety, or, for want of bail, commit 
him for his appearance and answer at the next term of the Court of Gen- 
eral Sessions in such manner and under and pursuant to such rules and 
regulations as the said judges, or a majority of them, shall prescribe. 
From time to time hereafter, whenever a majority of all the judges 
entitled to sit in the Supreme Court shall so request, all of the judges so 



CONSTITUTION OF DELAWARE 265 

entitled shall, as soon as conveniently may be, meet at the usual place of 
sitting of said court; and they, or a majority of them, shall have power 
to revise, amend, add to or annul, any rule or rules theretofore adopted 
touching forms, practice or procedure in cases of appeal under this sec- 
tion, or arrest and binding or commitment for appearance and answer, 
in such manner and to such extent as in their judgment shall best serve 
to effectuate the purposes hereof. No person shall be adjudged guilty 
of any offense mentioned in Section 7 of this Article without the concur- 
rence of all of the judges trying the case; and upon appeal no judgment 
of the court below shall be affirmed without the concurrence of all of 
the judges of the Supreme Court sitting in the case, and their failure to 
concur as aforesaid shall operate as a reversal of the judgment of the 
court below; provided, however, that such concurrence of the judges 
sitting in the Supreme Court shall not be necessary for the affirmance 
of the judgment of the court below where the appellant shall fail to prose- 
cute his appeal pursuant to the rules and practice herein provided for. 

Section 9. The enumeration of the offenses mentioned in Section 7 
of this Article shall not preclude the General Assembly from defining 
and providing for the punishment of other offenses against the freedom 
and purity of the ballot, or touching the conduct, returns or ascertain- 
ment of the result of general, special or municipal elections, or of primary 
elections, conventions or meetings held for the nomination of candidates 
to be voted for at general, special or municipal elections. No prosecution 
under any act of the General Assembly passed pursuant to this section 
shall be subject to the provisions of Section 8 of this Article. 

Article VI. Impeachment and Treason 

Section i. The House of Representatives shall have the sole power 
of impeaching; but two-thirds of all the members must concur in an 
impeachment. All impeachments shall be tried by the Senate, and when 
sitting for that purpose, the Senators shall be upon oath or affirmation 
to do justice according to the evidence. No person shall be convicted 
without the concurrence of two-thirds of all the Senators. 

On the trial of an impeachment against the Governor or Lieutenant- 
Governor, the Chief Justice, or, in case of his absence or disability, the 
Chancellor shall preside ; and on the trial of all other impeachments the 
President of the Senate shall preside. 



266 APPENDIX 

Section 2. The Governor and all other civil officers under this State 
shall be liable to impeachment for treason, bribery, or any high crime 
or misdemeanor in office. Judgment in such cases shall not extend 
further than to removal from office, and disqualification to hold any 
office of honor, trust, or profit, under this State ; but the party convicted 
shall, nevertheless, be subject to indictment, trial, judgment and punish- 
ment according to law. 

Section 3. Treason against this State shall consist only in levying 
war against it, or in adhering to the enemies of the Government, giving 
them aid and comfort. No person shall be convicted of treason, unless 
on the testimony of two witnesses to the same overt act, or on confession 
in open court. 

Article VII. Pardons 

Section i. The Governor shall have power to remit fines and for- 
feitures and to grant reprieves, commutations of sentence and pardons, 
except in cases of impeachment; but no pardon, or reprieve for more 
than six months, shall be granted, nor sentence commuted, except upon 
the recommendation in writing of a majority of the Board of Pardons 
after full hearing ; and such recommendation, with the reasons therefor 
at length, shall be filed and recorded in the office of the Secretary of State, 
who shall forthwith notify the Governor thereof. 

He shall fully set forth in writing the grounds of all reprieves, pardons 
and remissions, to be entered in the register of his official acts and laid 
before the General Assembly at its next session. 

Section 2. The Board of Pardons shall be composed of the Chan- 
cellor, Lieutenant-Governor, Secretary of State, State Treasurer and 
Auditor of Accounts. 

Section 3. The said board may require information from the Attor 
ney-General upon any subject relating to the duties of said board. 

Article VIII. Revenue and Taxation 

Section i. All taxes shall be uniform upon the same class of subjects 
within the territorial limits of the authority levying the tax, and shall be 
levied and collected under general laws, but the General Assembly may 
by general laws exempt from taxation such property as in the opinion of 
the General Assembly will best promote the public welfare. 



CONSTITUTION OF DELAWARE 267 

Section 2. All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose alterations as on other 
bills; and no bill from the operation of which, when passed into a law, 
revenue may incidentally arise shall be accounted a bill for raising 
revenue; nor shall any matter or clause whatever not immediately 
relating to and necessary for raising revenue be in any manner blended 
with or annexed to a bill for raising revenue. 

Section 3. No money shall be borrowed or debt created by or on be- 
half of the State but pursuant to an Act of the General Assembly, passed 
with the concurrence of three-fourths of all the members elected to each 
House, except to supply casual deficiencies of revenue, repel invasion, 
suppress insurrection, defend the State in war, or pay existing debts; 
and any law authorizing the borrowing of money by or on behalf of the 
State shall specify the purpose for which the money is to be borrowed, 
and the money so borrowed shall be used exclusively for such purpose ; 
but should the money so borrowed or any part thereof be left after the 
abandonment of such purpose or the accomplishment thereof, such 
money, or the surplus thereof, may be disposed of according to law. 

Section 4. No appropriation of the public money shall be made to, 
nor the bonds of this State be issued or loaned to any county, munici- 
pality or corporation, nor shall the credit of the State, by the guarantee 
or the endorsement of the bonds of other undertakings of any county, 
municipality or corporation, be pledged otherwise than pursuant to an 
Act of the General Assembly, passed with the concurrence of three- 
fourths of all the members elected to each House. 

Section 5. The General Assembly shall provide for levying and col- 
lecting a capitation tax from every male citizen of the State of the age 
of twenty -one years or upwards; but such tax to be collected in any 
county shall be uniform throughout that county, and such capitation tax 
shall be used exclusively in the county in which it is collected. 

Section 6. No money shall be drawn from the treasury but pursuant 
to an appropriation made by Act of the General Assembly; provided, 
however, that the compensation of the members of the General Assembly 
and all expenses connected with the session thereof may be paid out of 
the treasury pursuant to resolution in that behalf; a regular account of 
the receipts and expenditures of all public money shall be published 
annually. 



268 APPENDIX 

Section 7. In ail assessments of the value of real estate for taxa- 
tion, the value of the land and the value of the buildings and improve- 
ments thereon shall be included. And in all assessments of the rental 
value of real estate for taxation, the rental value of the land and the rental 
value of the buildings and the improvements thereon shall be included. 
The foregoing provisions of this section shall apply to all assessments 
cf the value of real estate or of the rental value thereof for taxation for 
State, county, hundred, school, municipal or other public purposes. 

Section 8. No county, city, town or other municipality shall lend its 
credit or appropriate money to, or assume the debt of, or become a 
shareholder or joint owner in or with any private corporation or any 
person or company whatever. 

Article IX. Corporations 

Section i. No corporation shall hereafter be created, amended, re- 
newed or revised by special act, but only by or under general law, nor 
shall any existing corporate charter be amended, renewed or revived by 
special act, but only by or under general law ; but the foregoing provi- 
sions shall not apply to municipal corporations, banks or corporations 
for charitable, penal, reformatory, or educational purposes, sustained 
in whole or in part by the State. The General Assembly shall, by gen- 
eral law, provide for the revocation or forfeiture of the charters of all 
corporations for the abuse, misuse, or non-user of their corporate powers, 
privileges or franchises. Any proceeding for such revocation or forfeiture 
shall be taken by the Attorney-General, as may be provided by law. No 
general incorporation law, nor any special act of incorporation, shall be 
enacted without the concurrence of two-thirds of all the members elected 
to each House of the General Assembly. 

Section 2. No corporation in existence at the adoption of this Con- 
stitution shall have its charter amended or renewed without first filing, 
under the corporate seal of said corporation, and duly attested, in the 
office of the Secretary of State, an acceptance of the provisions of this 
Constitution. 

Section 3. No corporation shall issue stock, except for money paid, 
labor done or personal property, or real estate or leases thereof actually 
acquired by such corporation. 



CONSTITUTION OF DELAWARE 269 

Section 4. The rights, privileges, immunities and estates of religious 
societies and corporate bodies, except as herein otherwise provided, shall 
remain as if the Constitution of this State had not been altered. 

Section 5. No foreign corporation shall do any business in this State 
through or by branch offices, agents or representatives located in this 
State, without having an authorized agent or agents in the State upon 
whom legal process may be served. 

Section 6. Shares of the capital stock of corporations created under 
the laws of this State, when owned by persons or corporations without 
this State, shall not be subject to taxation by any law now existing or 
hereafter to be made. 

Article X. Education 

Section i. The General Assembly shall provide for the establish- 
ment and maintenance of a general and efficient system of free public 
schools, and may require by law that every child, not physically or men- 
tally disabled, shall attend the public school, unless educated by other 
means. 

Section 2. In addition to the income of the investments of the Public 
School Fund, the General Assembly shall make provision for the annual 
payment of not less than one hundred thousand dollars for the benefit 
of the free public school, which with the income of the investments of 
the Public School Fund, shall be equitably apportioned among the school 
districts of the State as the General Assembly shall provide; and the 
money so apportioned shall be used exclusively for the payment of 
teachers' salaries and for furnishing free text books ; provided, however, 
that in such apportionment, no distinction shall be made on account of 
race or color, and separate schools for white and colored children shall 
be maintained. All other expenses connected with the maintenance of 
free public schools, and all expenses connected with the erection or repair 
of free public school buildings shall be defrayed in such manner as shall 
be provided by law. 

Section 3. No portion of any fund now existing, or which may here- 
after be appropriated, or raised by tax, for educational purposes, shall 
be appropriated to, or used by, or in aid of any sectarian, church or de- 
nominational school; provided, that all real or personal property used 



270 APPENDIX 

for school purposes, where the tuition is free, shall be exempt from taxa- 
tion and assessment for public purposes. 

Section 4. No part of the principal or income of the Public School 
Fund, now or hereafter existing, shall be used for any other purpose than 
the support of free public schools. 

Article XI. Agriculture 

Section i. There shall be a department established and maintained, 
known as the State Board of Agriculture. 

Section 2. The said board shall be composed of three Commissioners 
of Agriculture, one of whom shall reside in each county in the State. 
Any two of them shall constitute a quorum for the transaction of business. 

Section 3. The said Commissioners of Agriculture shall be appointed 
by the Governor, by and with the consent of a majority of all the mem- 
bers elected to the Senate, one for the term of one year, one for the term 
of two years, and one for the term of three years; and thereafter all 
appointments of Commissioners of Agriculture shall be made as aforesaid 
for the term of three years, and they shall hold office until their success- 
ors are duly qualified: provided, that any vacancy occurring in the office 
of Commissioner of Agriculture before the expiration of a term shall be 
filled by appointment as aforesaid for the remainder of the term; and 
provided further, that in case such vacancy shall occur when the Senate 
is not in session, such vacancy may be filled by the Governor without 
confirmation by the Senate until the end of the next session of the Senate. 

Section 4. The said board shall have power to abate and prevent, 
by such means as the General Assembly shall prescribe, all contagious 
and infectious diseases of fruit trees, plants, vegetables, cereals, horses, 
cattle and other farm animals. 

Section 5. The said Commissioners may devise such plans for secur- 
ing immigration to this State of industrious and useful settlers as they 
may deem expedient, and such plans may be executed as prescribed by 
the General Assembly. 

Section 6. The General Assembly shall provide by law for the com- 
pensation of the members of said board. 

Section 7. The Board of Agriculture hereby established shall con- 
tinue for eight years from the date of the qualification of the first member 
thereof, after which it may be abolished by the General Assembly. 



CONSTITUTION OF DELAWARE 27 1 



Article XII. Health 

The General Assembly shall provide for the establishment and main- 
tenance of a State Board of Health, which shall have supervision of all 
matters relating to public health, with such powers and duties as may 
be prescribed by law ; and also for the establishment and maintenance 
of such local boards of health as may be necessary, to be under the super- 
vision of the State Board, to such extent and with such powers as may 
be prescribed by law. 

Article XIII. Local Option 

Section i. The General Assembly may from time to time provide by 
law for the submission to the vote of the qualified electors of the several 
districts of the State, or any of them, mentioned in Section 2 of this 
Article, the question whether the manufacture and sale of intoxicating 
liquors shall be licensed or prohibited within the limits thereof; and in 
every district in which there is a majority against license, no person, firm 
or corporation shall thereafter manufacture or sell spirituous, vinous 
or malt liquors, except for medicinal or sacramental purposes, within 
said district, until at a subsequent submission of such question a majority 
of votes shall be cast in said district for license. Whenever a majority 
of all the members elected to each House of the General Assembly by 
the qualified electors in any district named in Section 2 of this Article 
shall request the submission of the question of license or no license to a 
vote of the qualified electors in said district, the General Assembly shall 
provide for the submission of such question to the qualified electors in 
such districts at the next general election thereafter. 

Section 2. Under the provisions of this Article, Sussex County shall 
comprise one district, Kent County one district, the City of Wilmington, 
as its corporate limits now are or may hereafter be extended, one district, 
and the remaining part of New Castle County one district. 

Section 3. The General Assembly shall provide necessary laws to 
carry out and enforce the provisions of this Article, enact laws governing 
the manufacture and sale of intoxicating liquors under the limitations 
of this Article, and provide such penalties as may be necessary to enforce 
the same. 



272 APPENDIX 

Article XIV. Oath of Office 

Members of the General Assembly and all public officers executive 
and judicial, except such inferior officers as shall be by law exempted, 
shall, before they enter upon the duties of their respective offices, take 
and subscribe the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will support the Constitution 
of the United States, and the Constitution of the State of Delaware, and 

that I will faithfully discharge the duties of the office of , 

according to the best of my ability"; and all such officers, except as 
aforesaid, who shall have been chosen at any election, shall, before they 
enter upon the duties of their respective offices, take, and subscribe the 
oath or affirmation above prescribed, together with the following addi- 
tion thereto, as part thereof: 

"And I do further solemnly swear (or affirm) that I have not directly 
or indirectly paid, offered or promised to pay, contributed, or offered or 
promised to contribute, any money or other valuable thing as a considera- 
tion or reward for the giving or withholding a vote at the election at which 
I was elected to said office." 

No other oath, declaration or test shall be required as a qualification 
for any office of public trust. 

Article XV. Miscellaneous 

Section t. The Chancellor, Judges and Attorney-General shall be 
conservators of the peace throughout the State; and the Sheriffs and 
Coroners shall be conservators of the peace within the counties respec- 
tively in which they reside. 

Section 2. No public officer shall receive any fees without giving to 
the person paying the same a receipt therefor, if required, therein specify- 
ing every item and charge. 

Section 3. No costs shall be paid by a person accused, on a bill being 
returned ignoramus, nor on acquittal. 

Section 4. No law shall extend the term of any public officer or 
diminish his salary or emoluments after his election or appointment. 

Section 5. All public officers shall hold their respective offices until 
their successors shall be duly qualified, except in cases herein otherwise 
provided. 



CONSTITUTION OF DELAWARE 273 

Section 6. All public officers shall hold their offices on condition that 
they behave themselves well. The Governor shall remove from office any 
public officer convicted of misbehavior in office or of any infamous crime. 

Section 7. The matters within Section 30 of Article IV and Sections 
7 and 8 of Article V are excepted from the provisions of the Constitution 
that "No person shall for any indictable offense be proceeded against 
criminally by information," and also from the provisions of the Consti- 
tution concerning trial by jury. 

Section 8. All stationery, printing, paper and fuel used in the legis- 
lative and other departments of government shall be furnished, and the 
printing, binding and distributing of the laws, journals, official reports, 
and all other printing and binding, and the repairing and furnishing the 
halls and rooms used for the meetings of the General Assembly and its 
committees, shall be performed under contract to be given to the lowest 
responsible bidder below such maximum price and under such regula- 
tions as shall be prescribed by law. Such bids shall be opened in the 
presence of the persons making the bids or their representatives. 

No member or officer of any department of the government shall be 
in any way interested in any such contract when awarded to or by any 
such member, officer or department. 

Section 9. This Constitution shall be prefixed to every codification 
of the Laws of this State. 

Article XVI. Amendments and Conventions 

Section i. Any amendment or amendments to the Constitution may 
be proposed in the Senate or House of Representatives ; and if the same 
shall be agreed to by two-thirds of all the members elected to each House, 
such proposed amendment or amendments shall be entered on their 
journals, with the yeas and nays taken thereon, and the Secretary of 
State shall cause such proposed amendment or amendments to be pub- 
lished three months before the next general election in at least three 
newspapers in each county in which such newspapers shall be published ; 
and if in the General Assembly next after the said election such proposed 
amendment or amendments shall upon a yea and nay vote be agreed to 
by two-thirds of all the members elected to each House, the same shall 
thereupon become part of the Constitution. 
gov. of del. — 18 



274 APPENDIX 

Section 2. The General Assembly by a two-thirds vote of all the 
members elected to each House may from time to time provide for the 
submission to the qualified electors of the State at the general election 
next thereafter the question, "Shall there be a Convention to revise the 
Constitution and amend the same?"; and upon such submission, if a 
majority of those voting on said question shall decide in favor of a Con- 
vention for such purpose, the General Assembly at its next session shall 
provide for the election of delegates to such Convention at the next gen- 
eral election. Such Convention shall be composed of forty-one dele- 
gates, one of whom shall be chosen from each Representative District 
by the qualified electors thereof, and two of whom shall be chosen from 
New Castle County, two from Kent County and two from Sussex County 
by the qualified electors thereof respectively. The delegates so chosen 
shall convene at the Capital of the State on the first Tuesday in Septem- 
ber next after their election. Every delegate shall receive for his services 
such compensation as shall be provided by law. A majority of the Con- 
vention shall constitute a quorum for the transaction of business. The 
Convention shall have power to appoint such officers, employees and as- 
sistants as it may deem necessary, and fix their compensation, and pro- 
vide for the printing of its documents, journals, debates and proceedings. 
The Convention shall determine the rules of its proceedings, and be the 
judge of the elections, returns and qualification of its members. When- 
ever there shall be a vacancy in the office of delegate from any district or 
county by reason of failure to elect, ineligibility, death, resignation or 
otherwise, a writ of election to fill such vacancy shall be issued by the 
Governor, and such vacancy shall be filled by the qualified electors of 
such district and county. 

Section 3. The General Assembly shall provide for receiving, tally- 
ing and counting the votes for or against a Convention, and for returning 
to the General Assembly at its next session the state of such vote ; and 
shall also enact all provisions necessary for giving effect to this Article. 

Section 4. No bill or resolution passed by the General Assembly 
under or pursuant to the provisions of this Article, shall require for its 
validity the approval of the Governor, and the same shall be exempt 
from the provisions of Section 18 of Article III, of this Constitution. 

Section 5. In voting at any general election, upon the question, 
"Shall there be a Convention to revise the Constitution and amend 



CONSTITUTION OF DELAWARE 275 

the same?", the ballots shall be separate from those cast for any person 
voted for at such election, and shall be kept distinct and apart from all 
other ballots. 

SCHEDULE 

That no inconvenience may arise from the amendments of the Con- 
stitution of this State, and in order to carry the same into complete opera- 
tion, it is hereby declared and ordained as follows: 

Section i. The President of this Convention, immediately on its 
adjournment, shall deliver the enrolled copy of this amended Constitu- 
tion and Schedule to the Secretary of State, who shall file the same in his 
office, and the Secretary of this Convention shall cause the same to be 
published three times in two newspapers in each county of the State. 

Section 2. This amended Constitution shall take effect on the tenth 
day of June in the year one thousand eight hundred and ninety-seven. 

Section 3. The offices of the present Senators and Representatives 
shall not be vacated or otherwise affected by this amended Constitution, 
except that the Senators whose terms do not expire on the day of the next 
general election shall thereafter represent the districts in which they now 
reside until the end of the terms for which they were elected. 

At the general election to be held in the year one thousand eight hun- 
dred and ninety-eight, there shall be elected from each of the even num- 
bered Senatorial Districts in the State, except District number two in New 
Castle County, District number four in Kent County, and District num- 
ber two in Sussex County, a Senator for the term of two years, and from 
each of the odd numbered Senatorial Districts in the State a Senator for 
the term of four years. 

And thereafter, as the said terms shall from time to time expire, a 
Senator shall be elected from each of the said Senatorial Districts for the 
full term of four years. 

At the general election to be held in the year one thousand eight hun- 
dred and ninety-eight, there shall be elected in each Representative Dis- 
trict in the State one Representative for the term of two years. 

Section 4. The terms of Senators and Representatives shall begin 
on the day next after their election. 

Section 5. The first general election under this amended Constitu- 
tion shall be held on the Tuesday next after the first Monday in the month 
of November in the year one thousand eight hundred and ninety-eight. 



276 APPENDIX 

Section 6. The term of office of the present Governor shall not be 
vacated, or in any wise affected by this amended Constitution. 

Section 7. Unless otherwise provided by this amended Constitution 
or Schedule, all persons elected or appointed before this amended Con- 
stitution shall take effect, to State or county offices made elective by this 
amended Constitution, whose terms will expire before the first Tuesday 
in January in the year one thousand eight hundred and ninety-nine, 
shall hold their respective offices until the said last mentioned day; and 
all persons elected or appointed as aforesaid to such offices, whose terms 
will expire between the said first Tuesday in January in the year one 
thousand eight hundred and ninety-nine and the first Tuesday in Janu- 
ary in the year one thousand nine hundred and one, shall hold their re- 
spective offices until the said last mentioned day; and all persons elected 
or appointed as aforesaid to such offices, whose terms will expire between 
the said first Tuesday in January in the year one thousand nine hundred 
and one and the first Tuesday in January in the year one thousand nine 
hundred and three, shall hold their respective offices until the said last 
mentioned day; and the successors of such persons shall be elected at 
the general election next before the expiration of the terms as hereby 
extended ; provided, however, that the successors of the present Auditor 
of Accounts, State Treasurer and Insurance Commissioner shall be elected 
at the general election next preceding the expiration of their several terms 
of office, and the persons so elected shall enter upon the duties of their 
respective offices on the first Tuesday in January following their election. 
The officers whose terms of office are extended by this section shall renew 
their official obligations upon the expiration of their present terms. 

Section 8. The terms of office of all State and County officers made 
elective by this amended Constitution shall commence on the first Tues- 
day in January next after their election, unless otherwise provided in this 
amended Constitution or Schedule. 

Section 9. All the courts of justice now existing shall continue with 
their present jurisdiction, and the Chancellor and judges shall continue 
in office until the tenth day of June in the year one thousand eight hun- 
dred and ninety -seven ; upon which day the said courts shall be abolished, 
and the offices of the said Chancellor and judges shall expire. 

All writs of error, and appeals and proceedings which on the said tenth 
day of June in the year one thousand eight hundred and ninety-seven 



CONSTITUTION OF DELAWARE 277 

shall be depending in the Court of Error and Appeals, and all the books, 
records and papers of said court, shall be transferred to the Supreme 
Court established by this amended Constitution; and the said writs of 
error, appeals and proceedings shall be proceeded in the said Supreme 
Court to final judgment, decree or other determination. 

All suits, proceedings, and matters which, on the said tenth day of 
June in the year one thousand eight hundred and ninety-seven, shall be 
depending in the Superior Court, and all books, records and papers of 
the said court shall be transferred to the Superior Court established by 
this amended Constitution, and the said suits, proceedings and matters 
shall be proceeded in to final judgment, or determination, in the said 
Superior Court established by this amended Constitution. 

All indictments, proceedings and matters which, on the said tenth day 
of June in the year one thousand eight hundred and ninety-seven, shall 
be depending in the Court of General Sessions of the Peace and Jail 
Delivery, shall be transferred to and proceeded in to final judgment 
and determination in the Court of General Sessions established by this 
amended Constitution, or be otherwise disposed of by the Court of Gen- 
eral Sessions, and all books, records and papers of said Court of General 
Sessions of the Peace and Jail Delivery shall be transferred to the said 
Court of General Sessions. 

All indictments, proceedings and matters which, on the said tenth day 
of June in the year one thousand eight hundred and ninety-seven, shall 
be depending in the Court of Oyer and Terminer, shall be transferred to 
and proceeded in to final judgment and determination in the Court of 
Oyer and Terminer, established by this amended Constitution, and all 
books, records and papers of said Court of Oyer and Terminer shall be 
transferred to said Court of Oyer and Terminer established by this 
amended Constitution. 

All suits, proceedings and matters which, on the said tenth day of 
June in the year one thousand eight hundred and ninety-seven, shall be 
depending in the Court of Chancery, or in the Orphans' Court, and all 
records, books and papers of said courts respectively, shall be trans- 
ferred to Court of Chancery or Orphans' Court respectively, established 
by this amended Constitution ; and the suits, proceedings and matters, 
shall be proceeded in to final decree, order or other determination. 

Section 10. Unless otherwise provided, the Registers' Courts and the 



278 APPENDIX 

jurisdiction of Justice of the Peace shall not be affected by this amended 
Constitution. 

Section ii. If the Chancellor, Chief Justice, or any Associate Judge 
in office at the time this amended Constitution shall take effect shall not 
be appointed Chancellor, Chief Justice or Associate Judge under this 
amended Constitution, he shall be entitled to receive the sum of fifteen 
hundred dollars per annum, payable quarterly, for five years, after the 
expiration of his office, if he shall so long live. 

Section 12. The first biennial session of the General Assembly under 
this amended Constitution shall commence on the first Tuesday in Janu- 
ary in the year one thousand eight hundred and ninety-nine. 

Section 13. The provisions of Section 15 of Article II, of this amended 
Constitution limiting the amount of the compensation of the members 
of the General Assembly and the presiding officers of the respective Houses 
shall not apply to any adjourned, special or extra session of the General 
Assembly held prior to the first Tuesday in January in the year one thou- 
sand eight hundred and ninety-nine. 

Section 14. Until the General Assembly shall enact a general incor- 
poration law as provided for in Section 1 of Article IX of this amended 
Constitution, existing corporations may be renewed for a period not 
exceeding four years, without change or enlargement of their corporate 
powers or duties, in the manner lawful before this amended Constitu- 
tion shall take effect. 

Section 15. Until the General Assembly shall otherwise provide, 
guardians' accounts shall be filed with and be adjusted and settled by the 
Register of Wills for the county, and be subject to exception, hearing, 
adjustment and settlement in the Orphans' Court for the county as be- 
fore this amended Constitution took effect. 

Section 16. Unless otherwise provided by this amended Constitu- 
tion or Schedule, the terms of persons holding public offices to which they 
have been elected or appointed at the time this amended Constitution and 
Schedule shall take effect, shall not be vacated or otherwise affected 
thereby. 

Section 17. One or more vacancies in the Board of Pardons shall not 
invalidate any act of the remaining members of said Board not less than 
three in number. 

Section 18. All the laws of this State existing at the time this Con- 



CONSTITUTION OF DELAWARE 279 

stitution shall take effect, and not inconsistent with it, shall remain in 
force, except so far as they shall be altered by future laws. 

Section 19. The General Assembly, as soon as conveniently may be 
after this Constitution shall take effect, shall enact all laws necessary or 
proper for carrying out the provisions thereof. 

Done in Convention, the fourth day of June in the year of our Lord 
one thousand eight hundred and ninety-seven and of the Independence 
of the United States of America the one hundred and twenty-first. 

In Testimony Whereof, we have hereunto subscribed our names. 
John Biggs, President. 

Edward G. Bradford, Charles B. Evans, George H. Murray, Martin 
B. Burris, James B. Gilchrist, William P. Orr, Jr., William A. Cannon, 
Robert G. Harman, Nathan Pratt, Paris T. Carlisle, Jr., Edward D. 
Hearne, Charles F. Richards, Wilson T. Cavender, Andrew J. Horsey, 
Lowder L. Sapp, David S. Clark, John W. Hering, William Saulsbury, 
J. Wilkins Cooch, Andrew L. Johnson, William T. Smithers, Ezekiel 
W. Cooper, Woodburn Martin, W. C. Spruance, Robert W. Dasey, 
Elias N. Moore, Isaac K. Wright, Joshua A. Ellegood. 
Attest: Charles R. Jones, Secretary of C. C. 

N. B. John P. Donahoe, a member of the Convention from New Castle 
County, refused to sign. 



DELAWARE MEN IN CONGRESS FROM 1765 TO 1788 

Delaware Delegates to Stamp Act Congress in 1765 
Thomas McKean CiEsar Rodney 

Delaware Signers of the Declaration of Independence 
Caesar Rodney George Read Thomas McKean 



to serve. 



Delaware Delegates to the Continental 

to 1788 

Thomas McKean 

George Read 

Reelected in 1779, but declined 

Caesar Rodney . 

John Dickinson . 

John Evans 

Nicholas Van Dyke 

James Sykes 

Thomas Rodney 

Philemon Dickinson 

Samuel Wharton 

James Tilton 

Eleazer McComb 

Gunning Bedford, Jr 

John Vining 

John McKinly . 
Henry Latimer . 
Samuel Patterson 
John Patten 
William Peery . 
Nathaniel Mitchell 
Gunning Bedford 
Dyre Kearney . 

280 



Congress from 1774 

1774-76 and 1778-83 
• 1774-77 

1774-78 and 1783-84 
1776-77 and 1779-80 
1776-77 
1777-82 
1777-78 
1781-83 and 1785-88 
1782-83 
1782-83 

1782-84 
1783-86 
1784-86 
1784-85 
1784-85 
1784-85 
1785-86 
1785-86 
1786-88 
1786-87 
1787-88 



GOVERNORS OF DELAWARE 281 

President of Continental Congress from Delaware 
Thomas McKean, elected July 10, 1781. 

Delaware Signers of the Articles of Confederation 
Thomas McKean John Dickinson Nicholas Van Dyke 

Delaware Signers of the Constitution of the United States 

George Read Jacob Broom John Dickinson 

Gunning Bedford, Jr. Richard Bassett 

GOVERNORS OF DELAWARE 

Proprietary Government of the Penn Family 

Proprietors and Governors of Pennsylvania, and New Castle, Kent, 
and Sussex Counties on the Delaware before the formation of the State 
of Delaware: 

William Penn, Proprietor . . . . . March 4 1681 

William Markham, Deputy-Governor . . . April 20 1681 

William Penn, Proprietor and Governor . . . Oct. 24 1682 
The Council (Thomas Lloyd and others presiding at 

different times) June 18 1684 

Commissioners (Thomas Lloyd, Robert Turner, Ar- 
thur Cooke, John Simcock, John Eckley) . . Dec. 19 1687 
Captain John Blackwell, Lieutenant-Governor . . Dec. 18 1688 
The Council (Thomas Lloyd, President) . . . Nov. 2 1689 
Thomas Lloyd, Deputy- Governor of the Province . March, 169 1 
William Markham, Deputy-Governor of the Lower 

Counties ........ March, 169 1 

Benjamin Fletcher, Governor for the Crown . . April 26 1693 

William Markham, Lieutenant-Governor for the Crown April 27 1693 

William Markham, Governor for William Penn . Sept. 24 1694 

William Penn, Proprietor and Governor . . . Oct. 21 1699 

Andrew Hamilton, Lieutenant-Governor . . . Nov. 14 1701 

The Council (Edward Shippen, President) . . Dec. 19 1702 



282 



APPENDIX 



John Evans, Lieutenant-Governor . 

Colonel Charles Gookin, Lieutenant-Governor 

William Keith, Lieutenant-Governor 

Hannah Penn, Executrix for Proprietaries 

Sir William Keith, Governor . 

Patrick Gordon, Lieutenant-Governor 

John, Thomas, and Richard Penn, Proprietaries 

The Council (James Logan, President) 

Thomas Penn, Proprietary 

George Thomas, Lieutenant-Governor 

Thomas and Richard Penn, Proprietaries 

The Council (Anthony Palmer, President) 

James Hamilton, Lieutenant-Governor 

Robert Hunter Morris, Lieutenant-Governor 

William Denny, Lieutenant-Governor 

James Hamilton, Lieutenant-Governor 

John Penn, Lieutenant-Governor 

The Council (James Hamilton, President) 

Thomas and John Penn, Proprietaries 

Richard Penn, Lieutenant-Governor 

John Penn, Governor .... 



reb. 14 


1703 


Feb. 2 


1708 


May 31 


1717 


July 31 


1718 


April 28 


1719 


June 22 


1726 


1727 to 


1746 


Aug- 5 


1736 


Sept. 28 


1736 


June 1 


1738 


1 746 to 


1771 


June 6 


1747 


Nov. 23 


1748 


Oct. 15 


1754 


Aug. 27 


1756 


Nov. 18 


1759 


Nov. 1 


1763 


May 6 


1771 


1771 to 


1775 


Oct. 16 


1771 


Aug. 30 


1773 



Presidents of Delaware under the Constitution of 1776 

John McKinly, inaugurated Feb. 21, 1777. On Sept. 11, 1777, the 
British troops captured Wilmington and took him prisoner; George 
Read, as Speaker of the Legislative Council, should have succeeded to 
the office, but as he was not able to reach the State because of the 
British troops, Thomas McKean (Speaker of the Assembly) acted as 
President from Sept. 11, 1777, to about Oct. 20, 1777, when Read 
returned and was President until March, 1778. 



Caesar Rodney 
John Dickinson 
John Cook 
Nicholas Van Dyke 
Thomas Collins 
Joshua Clayton 



Oct. 27, 



. March, 1778 
. Nov. 13 1 781 
. Nov. 4 1782 
. Feb. 8 1783 
786 (died March 29, 1789) 
. May 30 1789 



GOVERNORS OF DELAWARE 



283 



GOVERNOKS UNDER THE CONSTITUTION OF 1 792 

Joshua Clayton Jan. 13 1793 

Gunning Bedford . . . Jan. 13, 1796 (died Sept. 30, 1797) 
Daniel Rogers (Speaker of the Senate) . . . Sept. 30 1797 
Richard Bassett . . Jan. 15, 1799 (resigned in March, 1801) 



James Sykes (Speaker of the Senate) 


. March, 


1801 


David Hall 




. Jan. 19 


1802 


Nathaniel Mitchell . 




• Jan. 15 


1805 


George Truitt . 




. Jan. 19 


1808 


Joseph Haslet . 




. Jan. 15 


1811 


Daniel Rodney . 




. Jan. 18 


1814 


John Clark 




. Jan. 21 


1817 


(Henry Molliston was 


elected Governor 


in 1819, but died 


before 


January, 1820.) 








Jacob Stout (Speaker of the Senate) 


. Jan. 18 


1820 


John Collins 


Jan. 16, 


182 1 (died in April, 


1822) 


Caleb Rodney (Speaker of the Senate) 


. April, 


1822 


Joseph Haslet . 


Jan. 21, 


1823 (died June 23, 


1823) 


Charles Thomas (Speak 


sr of the Senate) . 


. June 23 


1823 


Samuel Paynter 




. Jan. 20 


1824 


Charles Polk 




. Jan. 16 


1827 


Daniel Hazzard 




. Jan. 19 


1830 



Under the Amended Constitution of 1832 



Caleb P. Bennett 


Jan. 15, 


1833 (c 


lied July 11, 


1836) 


Charles Polk (Speaker of the Senate) 




. July n 


1836 


Cornelius P. Comegys 






Jan. 17 


1837 


William B. Cooper . 






Jan. 19 


1841 


Thomas Stockton 


Jan. 21, i 


[845 (died March 2, 


1846) 


Joseph Maull (Speaker 


of the Senate) March 


2, 1846 (died May 3, 


1846) 


William Temple (Speaker of the House) . 




May 3 


1846 


William Tharp 






Jan. 19 


1847 


William H. Ross 


. 




Jan. 21 


185 1 


Peter F. Causey 


• 




Jan. 16 


i855 


William Burton 


. 




Jan. 18 


1859 



284 



APPENDIX 



William Cannon 

Gove Saulsbury (Speaker of the Senate) 

Gove Saulsbury 

James Ponder . 

John P. Cochran 

John W. Hall . 

Charles C. Stockley 

Benjamin T. Biggs 

Robert J. Reynolds 

Joshua H. Marvil 



Jan. 20, 1863 (died March 1, 1865) 



March 1 
Jan. 15 



Jan 
Jan 
Jan 
Jan 
Jan. 18 
Jan. 20 



1865 
1867 
1871 

1875 
1879 

1883 
1887 
1891 



William T. Watson (Speaker of the Senate) 



Jan. 15, 1895 (died April 8, 1895) 



April 8 1895 



Governors under the Constitution of 1897 



Ebe W. Tunnell 
John Hunn 
Preston E. Lea . 



Jan. 19 
Jan. 15 
Jan. 17 



1897 
1901 
1905 



- HUNDREDS OF DELAWARE 

The Hundreds of New Castle County 

Brandywine Hundred Pencader Hundred 

Christiana Hundred Red Lion Hundred 

Mill Creek Hundred St. Georges Hundred 

White Clay Creek Hundred Appoquinimink Hundred 

New Castle Hundred Blackbird Hundred 

Wilmington Hundred 

The Hundreds of Kent County 

Duck Creek Hundred West Dover Hundred 

Little Creek Hundred North Murderkill Hundred 

Kenton Hundred South Murderkill Hundred 

East Dover Hundred Mispillion Hundred 

Milford Hundred 

The Hundreds of Sussex County 

Cedar Creek Hundred Little Creek Hundred 

Nanticoke Hundred Dagsboro Hundred 

Georgetown Hundred Gumboro Hundred 

West Fork Hundred Baltimore Hundred 

Seaford Hundred Indian River Hundred 

Broad Creek Hundred Broadkiln Hundred 
Lewes and Rehoboth Hundred 



285 



INDEX 



AND DEFINITIONS 



Aborigines in Delaware, 9, 10. 

Accused persons, rights of, 80-82, 85, 
86. 

Adjutant General, 143. 

Administration : government ; the gov- 
ernment as existing at any given time, 
or the persons who compose it, with 
special reference to executive officers ; 
also the name applied to a period in 
which a certain party or certain offi- 
cers are in power. 

Administrator, 66, 67, 188: a person 
appointed by the court or other au- 
thorized officer to settle the estate 
of a person who dies without a will. 

Agriculture, State Board of, 160. 

Alderman, of town, 29. 

Alimony, 131. 

Almshouse, county, 59, 60. 

Amendment : a legal addition to a con- 
stitution or to a statute law. It may 
add some new provision or may 
change some provision in the body 
of the constitution or law. 

Amendments to bills, 117, 119, 120. 

Appeal : the removal of a cause from a 
court of inferior to one of superior 
jurisdiction for the purpose of obtain- 
ing a review or retrial. 

Appointment of officers, 139, 107. 

Appropriation : the setting apart of a 
sum of money for some particular 
purpose. 

Army, standing, 88. 



Arrests, 80. 

Assault and battery, 188. Assault is an 
unlawful offer or attempt with force 
or violence to do bodily harm to 
another. Battery is an unlawful beat- 
ing or other physical violence or con- 
straint inflicted on a human being 
without his consent. 
Assessments, 21, 22, 206-208. 

review by Levy Court, 57, 58. 
Assessor, of Representative district, 21, 

22, 208. 
Assessor, town, 29, 30, 208. 
Assessors and Collectors in Wilmington, 

51, 52, 208. 
Associate Judges, 173, 178, 180, 184-187, 
201. 
appointments by Associate Judge 
for New Castle county, 44, 45, 54, 
69. 
Attorney General, 152, 175. 

offices incompatible with, 142. 
Attorneys at law, 176, 177. 
Attorneys of the General Assembly, 99, 

109, 113. 
Auditor, City, 37. 

Auditor of Accounts, State, 151, 62, 69, 
150, 218, 220. 
offices incompatible with, 142. 

B 

Bail, 84 : security (as by the deposit of 
money, the assignment of property, 
etc.) for the appearance, at a certain 
day and place, of the person bailed. 



286 



INDEX 



287 



Bailiff of Council, 35. 

Ballots, 202. 

Bank Examiner, 151, 152. 

Barber Examiners of Wilmington, 50. 

Bill of attainder : a legislative act passed 
against a person, depriving him of 
the right to hold or transmit property. 
See p. 87. 

Bill of Rights, 77, 123. 

Bills, 112-124, 130, 131. 

Board of Agriculture, State, 160. 

Board of Assessment, Revision, and 
Appeal in Wilmington, 51. 

Board of Barber Examiners of Wilming- 
ton, 50. 

Board of Dental Examiners, State, 166. 

Board of Directors of the Street and 
Sewer Department of Wilmington, 

39- 

Board of Education, district, 218-220, 215. 

Board of Education, State, 214. 

Board of Education, Wilmington, 46. 

Board of Health, State, 163. 

Board of Health, town, 28. 

Board of Health, Wilmington, 41. 

Board of Medical Examiners, 165, 166. 

Board of Pardons, State, 158, 159. 

Board of Park Commissioners, Wil- 
mington, 45, 46. 

Board of Pharmacy, State, 167. 

Board of Pilot Commissioners, 165. 

Board of Police Commissioners of Wil- 
mington, 44. 

Board of Port Wardens of Wilmington, 
49. 

Board of Revision of Assessments, 22. 

Board of State Supplies, 94, 164. 

Board of Veterinary Medical Examiners, 
167. 

Board of Water Commissioners of Wil- 
mington, 39, 40. 

Bond : the guarantee demanded from 
most public officers to insure faithful 
performance of duty, unfaithfulness 
being sufficient reason for the govern- 
ment to recover, as in money, from 



the officers' bondsmen ; also, an in- 
terest-bearing certificate of indebted- 
ness usually issued by corporations, 
municipalities, or governments. 

Breach of the peace : a violation of public 
order; the offense of disturbing the 
public peace. 

Bribery, 132. 

Bridges, 59. 

Building Inspector of Wilmington, 53, 51. 



Calendar, legislative, 117, 118. 

Capital, 94. 

Capital crime : a crime punishable by 
death. 

Capitation tax, 208. 

Casimir, Fort, 12. 

Chancellor, 173, 178, 183, 186. 

Chancery, Court of, 183-184. 

Chaplains, in General Assembly, 99, 109. 

Charter, of towns, 26. 
Wilmington city, 33. 

Chemist, State, 157. 

Chief Justice, 173, 178, 180, 184-186. 

Child Labor Laws, 153, 154. 

Christina, Fort, 11, 12. 

Church, 78. 

Citizen : a person who is under the laws 
of a country, entitled to the privileges 
and protection it guarantees. 

Citizenship, admission to, 64. 

City Auditor, 37. 

City Clerk, 35. 

City Council, 33-35, 38. 
fixes tax rate, 52. 

City government, 33 ; see Wilmington. 

City Solicitor, 37. 

City Superintendent of Schools, 47. 

City Treasurer, 36. 

Civil action : an action which has for its 
object the recovery of private or civil 
rights, or compensation for their in- 
fraction. 

Civil War, Delaware in, 16. 

Clerk, City, 33. 



288 



INDEX 



Clerk, town, 29. 

Clerk o. Council, 35, 36. 

Clerk of Orphans' Court, 64. 

Clerk of the Commissioners, school 
district, 218. 

Clerk of the House of Representatives, 
98. 

Clerk of the Market in Wilmington, 52. 

Clerk of the Peace, county, 62, 63, 58, 
210, 211. 
offices incompatible with, 142. 

Clerk of the Registry Bureau of Wil- 
mington, 43. 

Clerk of the Supreme Court, 179. 

Collector, district, 23, 58, 68, 69, 206. 

Collector, town, 30, 208. 

Collectors of Wilmington, 51, 52, 208. 

Colleges, 225-230. 

Colonial government, 13. 

Commission : a document issued by a 
government empowering an individual 
to exercise the duties of the office to 
which he has been appointed or 
elected. 

Commission of Oyer and Terminer or 
Jail Delivery, 87. 

Commissioner of Fish and Fisheries, 156. 

Commissioners, Levy Court, 56-59. 

Commissioners, school district, 218, 215. 

Commissioners, town, 28, 27-30. 

Commissioners of Deeds, 155. 

Commissioners of the Sinking Fund of 
Wilmington, 50. 

Committees, legislative, work of, 115- 
118. 

Committees, party, 196. 

Committees of the House, 102. 

Committees of the Senate, no. 

Common law : the great body of legal 
opinions given by the judges of the 
courts, which has come to have the 
significance and authority of law. 

Commutation of sentence, 158, 159: the 
shortening of a prisoner's term of con- 
finement, or a relaxation of the severity 
of the punishment. 



Compulsory education, 224. 
Conference committee, 120. 
Constable, town, 30. 
Constables, 23, 24, 58. 
Constitution of 1776, 14. 
Constitution of 1792, 15. 
Constitution of 1831, 16. 
Constitution of 1897, 16, 231. 
Constitution of the United States, ratified, 

15- 

Controller of New Castle county, 67. 

Conventions, party, 197, 198. 

Coroner, 71, 142. 

Corporations, 210, 211. A corporation 
is a body of men legally authorized to 
engage in a certain business and to 
enjoy specific rights enumerated in 
its charter. 

Costs : the charges fixed by law or 
allowed by the courts in a lawsuit, 
usually charged against the losing 
party. 

Council, City, 33-35, 38, 52. 

Council, Town, 28, 27-30. 

Counsel : an attorney who advocates and 
prosecutes the cause of a person. 

County Committee of a party, 196. 

County Engineer, 74. 

County government, 55-76. 

County officers, 55-75. 

residence requirement, 141. 

County School Commission, 215. 

County Superintendent, 216, 217, 222, 
22*4 . 

County Supervisor, 74. 

County taxes, 58, 207-209. 

County Treasurer, 68, 69. 

Court, Municipal, of Wilmington, 53. 

Court in Banc, 186. 

Court of General Sessions, 185. 

Court of Oyer and Terminer, 184. 

Court officers, 172. 

Courts, 171-189. 
open to all, 83. 

Criminal cases, rights of accused, 80-82, 
85, 86. 



INDEX 



289 



Deeds, recording of, 65. 

Defective children, care of, 213. 

Delaware, named, 14. 

Delaware College, 225-229. 

Delaware Industrial School for Girls, 
230. 

Delaware State College for Colored Stu- 
dents, 229. 

Dental Examiners, Board of, 166. 

Department of Elections of Wilming- 
ton, 48, 49. 

Department of Engineering and Survey- 
ing of Wilmington, 43. 

Department of Public Parks of Wilming- 
ton, 45, 46. 

Deposition : an individual's formal state- 
ment of a matter, made under oath or 
affirmation. 

Detectives, State, 157. 

De Vries, David Pietersen, 10. 

District Committee, party, 197. 

Division of Public Records, 164, 165. 
.Divorce, 131, 182. 

Dog tax, 28, 30, 207, 208. 

Dover, 94. 

Dower, 182, 187 : a widow's life portion 
(usually one third) of all lands and 
tenements which her husband owned 
during their marriage, and of which 
any children * she might have had 
might possibly have been heir. 

Dutch in Delaware, 10-13. 



Education, Board of, see Board of Edu- 
cation. 

Election day, 201. 

Election districts, 202. 

Election officers, 202. 
in Wilmington, 49. 

Election returns, 204 : the official state- 
ment of the election officers as to the 
result of the election in the district. 

Elections, 194-205. 
determining result of, 204. 

GOV. OF DEL. — 19 



Elections — Continued. 

free and equal, 79. 

school, 218, 46. 

town, 27-30. 

Wilmington, 48, 49, 46. 
Elections, primary, 197-200. 
Embezzlement, 92, 132 : the fraudulent 

appropriation to one's own use of 

money or goods intrusted to one's 

care and control. 
Eminent domain, 82, 83. 
Engineer, County, 74. 
Engineering and Surveying, Department 

of, Wilmington, 43. 
English, capture Delaware, 13. 
Enrolling Clerk, 98, 109. 
Equity, causes in, 183-184. 
Executive (law-enforcing) branch of 

government, 30, 35, 76, 136. 
Executive Board of Wilmington, 37. 
Executive register, 149. 
Executive session, 106-108, 128. 
Executor, 66, 67, 188 : a person named 

in a will who is to settle the estate of 

the deceased person according to the 

provisions of the will. 
Experiment Station, 227-229. 
Extraordinary sessions, 145. 



Factory and Workshop Inspector, 153, 

154- 

Farmers' Institutes, 161. 

Fee : the amount of money specified in 
the law, to be paid to public officers 
for their acts. 

Felony: any offense which, at common 
law, caused a forfeiture of lands and 
goods in addition to capital or other 
punishment. Under the constitution 
of Delaware a person convicted of 
felony forfeits the right to vote. 

Fence Viewers, 21, 63. 

Ferris Industrial School, 23c, 225. 

Fertilizers, 157. 

Filibustering, 127. 



290 



INDEX 



Fine : a payment of money imposed 
upon a person as a punishment for 
an offense. 

Fines, excessive, 85. 

Fire Department of Wilmington, 48. 

Fish Commissioner, 156. 

Franchise : a guarantee of special rights 
or privileges granted by a government 
through a legislative act, to an indi- 
vidual or to a corporation. 

Franchise tax, 210, 52. 

Franchises in Wilmington, 34,52. 

Freedom of speech, and of the press, 
79- 



Gambling, prohibited, 131. 

Gas Inspector of Wilmington, 39. 

General Assembly, 91. 

powers and limitations of, 123-135. 

sessions of, 94, 144, 145. 

under early constitutions, 14, 15. 

General assessment, 21. 

General Sessions, Court of, 185. 

Governor, 136-147. 
election of, 137. 
message of, 143. 

powers of, 139-146, 121-123, 159. 
qualifications, 138. 
succession, 146. 

under early constitutions, 14-15. 
veto power, 121-123. 

Governors, list of, 281. 

under Dutch and Swedes, 10-12. 
under Penn, 13. 

Grand jury, 81, 174: a jury which ex- 
amines evidence against persons ac- 
cused of crime and decides whether 
or not the accused shall be brought 
to trial. 

Great Law, Penn's, 13. 

Guard boats, 143. 

Guardian, 187: a person who legally 
has ihe care of the person or propeity, 
or both, of a person incompetent to act 
for himself. 



H 

Habeas corpus, writ of, 85. 

Harbor Master of Wilmington, 50. 

Health, Board of, see Board of Health. 

Hereditary distinctions, 90. 

Heyes, Peter, 10. 

High schools, 223. 

Highway Commissioner, State, 73. 

Hospital, State, 168. 

House of Assembly, 14. 

House of Representatives, 91-103. 

adjournment of, 95, 145. 

Chamber of, 95. 

Committees, 101, 102. 

impeachment by, 191. 

journal, 127, 128. 

officers of, 96-100. 

order of business, 101. 

organization, 100. 

place of meeting, 94. 

rules, 127. 

sessions, 94, 144. 

vacancies, 96. 
Hundreds, 18-20, 280. 

I 

Impeachment, 190-193. 

Incompatible offices, 141, 142. 

Incorporation of towns, 26; see Towns. 

Indians in Delaware, 9, 10. 

Indictment, 81. 

Industrial schools, 230. 

Information, 54, 81, 82 : the name given 
to that method of bringing an accusa- 
tion against a person in which the pros- 
ecuting officer presents the charges to 
the court in writing without first sub- 
mitting them to a grand jury. 

Injunction : a judicial order or process 
requiring the party to whom it is di- 
rected to do, or to refrain from doing, 
some designated thing. 

Injured persons, rights of, 83. 

Inquest, coroner's, 71. 

Insane, care of, 167, 168. 

Inspector of Meats, Wilmington, 42. 



INDEX 



291 



Inspector of Milk, Wilmington, 43. 
Inspector of Oils and Fluids, Wilming- 
ton, 53. 
Inspector of Plumbing, Wilmington, 

39- 
Insurance Commissioner, 151, 211, 



142. 



J 



Jail Commissioners, 61. 

Jail Delivery, Commission of, 87. 

Jails, 61. 

Jeopardy of life and limb : the legal term 
which designates an individual's lia- 
bility to punishment for offenses of 
which he has been formally accused 
and tried. 

Journal, 127, 128. 

Judge ad litem, 178, 180 : a judge who is 
appointed to sit in a certain cause, and 
whose term expires with that cause. 

Judge of Municipal Court of Wilming- 
ton, 53. 

Judges, State, 173, 174. 

Judgment : the conclusion of law upon 
facts found or admitted by the parties 
in the course of a suit. 

Judicial (law-interpreting and law-apply- 
ing) branch of government, 30, 53, 

76. 171- 

Jurisdiction : (1) the territory over which 
the authority of an officer extends. (2) 
The jurisdiction of a court extends 
over such cases as the law designates 
for trial in that court. 

Jurisdiction, appellate, 178, 181. 

Jurisdiction, original, 181. 

Jury, coroner's, 71, 72. 

Jury, trial by, 79, 173-176. 
Jury Commissioners, 174-176. 

Justices of the Peace, 23, 24, 188. 

K 

Kent county, government, 55-76. 
named, 13. 
roads, 75, 76, 20, 21. 



Laws, how made, 1 12-124. 
execution of, 145. 
obedience to, 88. 
publication of, 133. 
suspended, 84. 

Legislative (law-making) branch of gov- 
ernment, 30, 33, 76, 91. 

Letters testamentary, 188. 

Levy Court, 56-59, 62. 

assessments controlled by, 21, 22, 57, 

58. 
care of roads, 73-76. 

Libel, 79 : the act of writing or printing 
statements concerning an individual 
or company which are false and which 
work injury to the individual or com- 
pany. Slander differs from libel in 
that the statements are verbal. 

Librarian, State, 155, 161. 

Libraries, local, 162. 

Library, Wilmington, 47. 

Library Commission, State, 161-163. 

License, liquor, 134. 

Licenses, 63, 210. 

Lieutenant Governor, 147, 108, 137, 159. 

Little Legislature, 135. 

Local Board, 218-220, 215. 

Local government, unit of, 18. 

Local laws, 131. 

Local option, 134. 

Lotteries, 131. 

M 

Magistrate : an executive or judicial 
officer. 

Mandamus : a writ, usually issuing out 
of the highest court of general jurisdic- 
tion of the State, directed to any nat- 
ural person, corporation, or inferior 
court, requiring him or it to do some 
particular thing therein specified, which 
pertains to his or its office and duty. 

Markets In Wilmington, 52. 

Marriage licenses, 63. 

Mayor, town, 27. 



292 



INDEX 



Mayor of Wilmington, 35, 36, 34, 45, 47. 

Medical Council of Delaware, 165, 166. 

Medical Examiners, Boards of, 165, 166. 

Message, Governor's, 143. 

Militia, 89, 142, 143, 169, 170. 

Minuit, Peter, 11, 12. 

Minutes : the record of the proceedings 
of some body. 

Misdemeanor : any criminal offense in- 
ferior to a felony. 

Municipal Court of Wilmington, 53. 

N 

Newark Academy, 223. 

New Castle, early history, 12, 13. 

police court, 28. 
New Castle county, government, 55- 

75- 
roads, 73-75, 20. 
New Sweden, 11, 12. 
Normal training, 224, 229. 
Notaries Public, 155. 
Notice of a bill, 113. 

O 

Oath or affirmation : the solemn 
acknowledgment of a person to the 
truth of statements he has made or 
is about to make. 

Oath of office, 100. 

Office: see Appointment, and Elections. 

Office, removal from, 142, 190. 

Ordinances, 34. 

Organized Militia, 89, 142, 143, 169, 170. 

Orphans' Court, 186, 187. 

appeals to, from Register, 67, 187. 

Overseers of Roads, 20, 21, 75. 

Oyer and Terminer, commission of, 87. 

Oyer and Terminer, Court of, 184. 

Oyster police, 143. 

Oyster Revenue Collector, 156, 210. 



Panel, 175. 

Pardon, 158. 159 : an official warrant by 
which a person is relieved from the 



punishment of a crime of which he 

has been convicted. 
Parks of Wilmington, 45, 46. 
Parties, 194-199. 
Party campaigns, 198. 
Party organization, 196. 
Party system, criticism of, 199. 
Pathologist and Bacteriologist, 163, 164. 
Peers : in law, one's equals. 
Penn, William, 13. 
Pennsylvania, connection with Delaware, 

13- 

Perjury: the high crime committed by 
one who makes oath or affirmation to 
the truth of statements which he knows 
to be false. 

Petit jury, 175 : the jury which decides 
issues of fact in a civil or criminal 
trial. 

Petition, right of, 88. 

Pharmacy, Board of, 167. 

Physician, license, 166. 

Pilot Commissioners, Board of, 165. 

Plaintiff: the party that begins an action 
in the courts. 

Platform, party, 194-199. 

Police Court of New Castle, 28. 

Police Department of Wilmington, 44. 

Policemen, town, 30. 

Poll : head, or person. A poll tax is the 
equal tax usually levied on all male citi- 
zens over 21 years of age. See p. 208. 

Poor, care of, 59, 60. 

Port Physician of Wilmington, 41. 

Port Wardens of Wilmington, 49. 

Preamble, yj : the formal opening pre- 
fixed to legal documents, which gives 
a brief and comprehensive statement 
of the aims and contents of the docu- 
ment. 

Precept, 184. 

President of Town Council, 27. 

President of Council of Wilmington, 

33 36, 45- 47. 5i- 
President of the Senate, 108. 
President pro tempore of Senate, 108. 



INDEX 



293 



Press, freedom of, 79. 

Primary elections, 197-200. 

Printz, John, 12. 

Prisons, 85. 

Privy Council, 14, 15. 

Probate Court, 66, 188. 

Process : any judicial writ or order issued 

at the commencement or during the 

progress of a legal action. 
Property, forfeiture of, 87. 

taken for public use, 82, 83. 
Prothonotary, 64, 179. 

in elections, 204. 

offices incompatible with, 142. 

of Kent county, Clerk of the Supreme 
Court, 179. 
Public education, 212-230, 46, 47. 
Public Records, Division of, 164, 165. 
Punishments, 85. 



Quorum, 126. 



Reading Clerk, 98, 109. 

Receiver of Taxes of New Castle county, 
68. 

Recognizance : an acknowledgment or 
obligation entered into before a court 
or a competent magistrate, with con- 
dition to do some specified act ; as 
a recognizance to appear in court or 
before a magistrate, or a recognizance 
to keep the peace. 

Recorder of Deeds, 65, 142. 

Register in Chancery, 64. 

Register of Wills, 66, 188. 

offices incompatible with, 142. 

Registrar of Vital Statistics of Wilming- 
ton, 41, 42. 

Registrar of Water Department of Wil- 
mington, 40. 

Registration of voters, 200, 49. 

Registry Bureau of Wilmington, 43. 

Regular army, 89. 

Religion, 78. 



Religious test, 78. 

Removal from office, 142, 190. 

Representative districts, created, 18. 

numbered, 19. 

officers of, 20-24. 

taxes in, 206, 207. 
Representatives, 92. 

disputed election, 123. 

privileges, 129. 

qualifications, 92, 130, 132. 

salary, 93. 
Representatives, House of, 91-103 ; see 

House of Representatives. 
Reprieve, 158, 159: the temporary stay 

of execution of a sentence imposed on 

a person convicted of crime. 
Revenue, State, 209-211, 152, 157. 
Revised Code, 133. 
Revolution, Delaware in, 15. 
Riders, in bills, 130. 
Road tax in towns, 207. 
Roads, 73-76, 207. 
Rysing, John Claude, 12. 



St. Jones county, 13. 

School Commission, County, 215. 

School Commissioners, district, 217-220. 

School Directors, 217-220. 

School districts, 217. 

School fund, 220. 

Schools, 212-230. 

government of, 214-220. 

how maintained, 220. 

of Wilmington, 46, 47, 213. 
School taxes, 218, 219, 222. 
Scrap assessment, 22. 
Sealer of Weights and Measures, county, 

72. 
Sealer of Weights and Measures in Wil- 
mington, 52. 
Search warrantee 

Secretary of State, 149, 150, 137, 159, 
210. 

offices incompatible with, 142. 
Secretary of the Senate, 109. 



294 



INDEX 



Senate, 104-111. 

adjournment of, 95, 145. 

Committees of, no. 

journal, 127, 128. 

officers of, 108, 109. 

order of business, no. 

organization of, 109. 

president of, 137. 

rules, 127. 

sessions of, 106, 144, 145. 

tries impeachments, 191, 192. 

vacancies, 106. 
Senators, 104. 

disputed election, 123. 

privileges, 129. 

qualifications, 105, 130, 132. 
Sequestration by Trustees of the Poor, 

182. 
Sergeant at Arms, of House, 99, 126. 
Sergeant of Senate, 109. 
Settlement of Delaware, 10. 
Sewers of Wilmington, 38. 
Sheriff, 68-70, 62, 180. 

in elections, 201, 204. 

offices incompatible with, 142. 

of Kent county, officer of Supreme 
Court, 179. 
Sinking fund of Wilmington, 50. 
Slander, 79 ; see Libel. 
Snakes, in bills, 130. 
Soldiers in private houses, 89, 90. 
Solicitor, City, 37. 
Speaker of House, 97, 93, 102. 
Special sessions, 144, 145. 
Speech, freedom of, 79. 
State, formed, 14. 

State Auditor : see Auditor of Accounts. 
State Board of Agriculture, 160. 
State Board of Education, 214. 
State Board of Health, 163. 
State Board of Pardons, 158, 159. 
State Boards, 158-167; see Board. 
State Boards of Examiners, 165-167. 
State Chemist, 157. 
State Committee of a party, 196. 
State Detectives, 157. 



State dividend, 221. 
State Hospital, 168. 
State Insurance Commissioner, 151. 
State Librarian, 155, 161. 
State Library, 154. 
State Library Commission, 161-163. 
State Supplies, Board of, 164. 
State Treasurer, 150, 63, 210, 211, 221, 
222. 

offices incompatible with, 142. 
Statute law, 133. 
Stenographers, court, 177. 
Street and Sewer Department of Wil- 
mington, 38. 
Stuyvesant, Peter, 12. 
Superintendent, County, 216, 217, 222, 

224. 
Superintendent of Schools of Wilming- 
ton, 47. 
Superior Court, 179-183. 

appeals to, in probate cases, 67, 188, 

in elections, 204. 
Supervisor of roads, 20, 74. 
Supreme Court, 178, 179. 
Sussex county, government, 55-76. 

named, 13. 

roads, 75, 76, 20, 21. 
Swedes in Delaware, 10-12. 
Sweeping clause, 133. 



Tax Collector, district, 23, 58, 68, 69, 206. 

Tax Collector, city, 51, 52, 208. 

Tax Collector, town, 30, 208. 

Tax duplicate, 22, 58. 

Taxation, 206-211, 218, 219, 222. 

Taxes, county, 58, 207-209. 

Taxes, school, 218, 219. 

Taxes, town, 28, 30, 207. ■ 

Taxes in Wilmington, 50-52, 208. 

Teachers, 215-219. 

Teachers' Institutes, 217. 

Three Lower Counties on the Delaware, 

13. 14- 
Titles and offices granted by foreign 
rulers, 90. 



INDEX 



295 



Town Commissioners, 28, 27-30. 
Town Council, 28, 27-30. 
Town officers, 27-30. 
Towns, government of, 26-30. 

taxes in, 28, 30, 207. 
Treason, 193. 
Treasurer, City, 36. 
Treasurer, County, 68, 69. 

offices incompatible with, 142. 
Treasurer, State, 150, 63, 210, 211, 221, 

222. 
Treasurer, town, 29, 30. 
Treasurer of the Poor, county, 60. 
Truants, 219, 225. 
True bill, 81. 

Trustees of the Poor, 59, 182. 
Trustees of Workhouse, 60. 



Vacancies in office, 96, 106, 140. 

Vaccine Physicians of Wilmington, 43. 

Veterinary Medical Examiners, 167. 

Veto, Governor's, 121-123: the Gov- 
ernor's refusal to approve a bill or 
resolution by withholding his sig- 
nature and returning it (if the General 
Assembly is still in session) to the 
house of Assembly in which it origi- 
nated. 

Voters, 200-203. 

Voters' assistants, 203. 

Voting, manner of, 203. 

W 

War of 1812, Delaware in, 15. 

Warrant : a judicial writ or order au- 
thorizing the officers of the law to 
make arrests or seizures, or to do 
some other act designated in the 
warrant in aid of the administration 
of justice ; also, an order for the pay- 
ment of money. 

Water Department of Wilmington, 39, 
40. 

Whorekill county, 13. 

Wills, 66, 67, 188. 



Wilmington, 32-54. 

Assessors and Collectors, 51, 52. 

Auditor, 37. 

Barber Examiners, 50. 

Board of Education, 46. 

Board of Health, 41. 

boards of government, 37-52. 

Building Inspector, 53. 

City Clerk, 35, 36. 

City Council, 33-35, 38, 52. 

departments of government, 38-49. 

elections, 48, 49, 46. 

Engineering and Surveying Depart, 
ment, 43. 

Executive Board, 37. 

Fire Department, 48. 

franchises, 34, 52. 

Gas Inspector, 39. 

Harbor Master, 50. 

Inspector of Meats, 42. 

Inspector of Milk, 43. 

Inspector of Oils and Fluids, 53. 

Inspector of Plumbing, 39. 

markets, 52. 

Mayor, 35, 36, 34, 45, 47. 

Municipal Court, 53. 

parks, 45, 46. 

Police Department, 44. 

Port Physician, 41. 

Port Wardens, 49. 

President of Council, 33, 36, 45, 47, 5L 

Registrar of Vital Statistics, 41, 42. 

Registry Bureau, 43. 

schools, 46, 47, 213. 

Sealer of Weights and Measures, 5a. 

sewers, 38. 

sinking fund, 50. 

Solicitor, 37. 

Street and Sewer Department, 38. 

Superintendent of Schools, 47. 

taxes, 50-52, 208. 

Treasurer, 36. 

Vaccine Physicians, 43. 

Water Department, 39, 40. 
Wilmington Free Library, 47. 
Workhouse, New Castle County, 6o> 



296 



INDEX 



Writ: a paper under seal, issued by a 
court, in the name of the people, com- 
manding the officer or person to whom 
it is addressed to do or to refrain 
from doing some act therein specified. 

Writ of certiorari : a writ issued by a 
superior to an inferior court of record, 
requiring the latter to send to the 
former some proceedings therein 
pending, or the record or proceedings 
in some cause already terminated, in 
cases where the procedure is not ac- 
cording to law. 

Writ of election, 96 : a writ issued by a 
legally authorized officer ordering an 
election for a specific purpose in a 
stated district. 

Writ of error, 82, 179: a writ issued out 
of a court of competent jurisdiction, 



directed to the judges of a court of 
record in which final judgment has 
been given, commanding them to send 
the record in the cause to another court 
of appellate jurisdiction, in order that 
some alleged error in the proceedings 
may be corrected. 

Writ of habeas corpus, 85. 

Writ of prohibition : a writ issued by 
the Superior Court, directed to the 
judges and parties of a suit in an in- 
ferior court, commanding them to 
cease from the prosecution of the 
same. 

Y 

York, Duke of, 12, 13. 

Z 

Zwaanendael, 10. 



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